California Employment Lawyers

Protect Your Rights With the Help of a California Employment Attorney

California and federal laws protect your right to a working environment free from unfair employment practices. While some employment law violations may start small, they can quickly escalate. 

Your boss asks you to stay late one night to finish a project, and before you know it, you’re constantly working past your shift and not being compensated correctly. 

Or, maybe offhand jokes/comments have begun to turn into more serious violations like insults/derogatory remarks about your race or gender. Regardless of what the violation may be, your rights as an employee in California protect you from enduring these experiences. 

Don’t let these issues snowball into bigger problems. Refuse to put up with anything that encroaches on your rights. Get in touch with a trusted California employment lawyer, like Starpoint Law. 

We provide a detailed review and analysis of your case's facts and advise on a clear path forward to resolving your employment law issues. You can rest assured we’ll deliver a world-class experience from your free consultation to the final outcome and beyond.

We’re passionate about protecting the workforce of California, whether you need a California wage and hour lawyer, a California disability discrimination lawyer, or a California pregnancy discrimination lawyer. Here are some of the cases we specialize in:

Wage and Hour Claims

California labor laws include wage and hour claims covering the following topics: 

• Minimum wage,
• Overtime, 
• Meals and breaks,
• Vacation leave,
• Sick leave,
• Holiday leave,
• Jury duty leave,
• Voting leave,  and
• Severance pay. 

In many situations, wage and hour violations stem from the misclassification of employees.

Employers often misclassify individuals entitled to overtime pay for working over 40 hours in a week as exempt from earning overtime pay. 

Wrongful Termination

California's wrongful termination laws provide relief if your employer terminated your employment for the wrong reasons.

Although most employees are at-will employees, meaning they can be terminated at any time for any legal reason or no reason at all.

However, there are illegal reasons to terminate employees that can justify a wrongful termination claim.

Termination can be wrongful if it was based on things like:

• Violations of the Fair Employment and Housing Act, 
• Retaliation for whistleblowing, 
• Being a member of a protected class, or
• Requesting reasonable accommodation for disabilities.

Additionally, if you sign an employment contract for a specified duration, you may have a wrongful termination claim if your employer breaches the employment contract terms.

The type of damages you may recover in a wrongful termination lawsuit varies based on the suit type. 

Hostile Work Environment

Work should not be a scary or intimidating environment.

An experienced employment lawyer in Los Angeles understands the difficulties experienced when forced to endure a hostile work environment. 

Conduct can create a hostile work environment if it:

• Humiliates offends, distresses, or intrudes upon you;
• Disrupts your emotional tranquility;
• Affects your ability to work; or 
• Otherwise interferes with your well-being. 

A hostile work environment keeps you from performing your job and may make you fear for your safety. 

Harassment 

Harassment may be committed by co-workers, supervisors, managers, or even non-employees.

Unlawful harassment in the workplace may include the following types of behavior:

• Inappropriate jokes or innuendo,
• Physical harassment like inappropriate touching,
• Verbal or implied threats, 
• Requests for sexual favors, and
• Showing favoritism based on a characteristic.

Harassment in the workplace may be motivated by different factors.

Additionally, some workplace behaviors, while unfair, may not rise to the level of harassment.

Therefore, it's important to contact a Los Angeles employment attorney to review your case's facts and determine your best path forward. 

Discrimination

California prohibits discrimination against members of protected classes, which include: 

• Race,
• Religion,
• Age (if you are over 40 years old),
• Gender,
• Pregnancy,
• Physical disability, 
• Sexual orientation,
• Mental disability,
• Gender identity,
• Marital status,
• Medical conditions,
• Military status,
• Ancestry, and
• National origin.  

Workplace discrimination can occur at any stage of the employment process from initial hiring to eventual termination. 

Retaliatory Claims

Retaliatory claims against your employer arise when you engage in a protected activity and your employer takes adverse action against you.

To prevail in a claim of retaliation, you must be able to prove the following:

• You engaged in protected activity;
• You suffered adverse action by your employer; and
• Your engagement in a protected activity is the reason for the adverse action.

Examples of protected activities include reporting discrimination, harassment, and safety violations.

They can also include claiming benefits you are entitled to, such as workers’ compensation.

If, after asserting your rights, your employer takes adverse action against you, you may have a basis for a retaliatory claim. 

Termination Related to COVID-19

Because most employment in California is at will, it is not unlawful for an employer to terminate an employee as part of a layoff due to economic reasons resulting from COVID-19. However, employers may disguise targeted discrimination against an individual as a COVID-related layoff. 

For example, if your business suffered no adverse effects due to COVID-19, your termination may be unlawful. Our California employment lawyers can help navigate this type of case. 

Misclassification

This occurs when an employer improperly designates a worker as exempt or as an independent contractor to avoid paying overtime, benefits, or other employee protections. 

This can lead to wage theft and loss of benefits you are legally entitled to under California employment laws. If you suspect you’ve been misclassified, a California employment lawyer can review your case and help you pursue rightful compensation.

Leave of Absences

California laws provide protections for employees requiring leave due to medical conditions, family needs, or other qualifying reasons. 

Employers are prohibited from denying legally protected leave, such as those granted under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). 

You may have a claim if your employer refuses to grant leave, retaliates, or takes adverse action against you for requesting leave - contact our California employment attorney to find out.

Unsafe Working Environments

California has strict health and safety standards that employers are obligated to adhere to. Never put your health or safety at risk for the sake of getting the job done. 

If you feel uncomfortable with exposure to hazards, lack of protective equipment, failure to address workplace violence risks, or anything else that may harm your physical or mental wellbeing, let our California employment lawyers handle the case for you.

Do I Need a California Employment Lawyer to Pursue Damages?

While you are not legally required to hire a California employment attorney to pursue damages, we highly suggest leaving something as complex as California employment law to a seasoned attorney. 

The fine print is complex, and you may be having rights violated without even knowing it. Attempting to handle your case on your own may cause you to settle for less than you’re entitled to.

Maximize your chances of a favorable outcome with a trusted California employment attorney. We can gather evidence, negotiate on your behalf, and represent you in court if necessary so you don’t miss critical deadlines or legal requirements.

What Types of Damages Can a California Employment Attorney Help You Attain? 

The purpose of damages in a lawsuit is to put you back in the same place you would have been in had it not been for your employer's actions or inaction.

Possible recoverable damages include:

• Lost pay and wages,
• Emotional distress, 
• Reinstatement of your prior position,
• Punitive damages, and
• Attorney's fees and costs. 

Although reinstatement of your former position - or even promotion - is an option, this may not be a desirable path forward after your experience. Therefore, consult with a qualified California employment lawyer and determine what damages you may recover.

The exact amount of recoverable damages in any employment law case depends on specific facts requiring detailed analysis by California employment attorneys.  

What Should I Look for in a California Employment Lawyer?

There are many employment lawyers in California you can choose from, and it’s easy to get overwhelmed. It doesn’t have to be stressful, though. Here’s what you should prioritize:

• Experience in employment law specific to California.
• A track record of handling cases similar to yours.
• Strong communication skills and responsiveness.
• Transparent fee structures and a clear explanation of the process.

Client reviews and consultations can also help you gauge their professionalism and whether they’re a good fit for your needs. You can feel confident reaching out to Starpoint Law knowing you’re getting the #1 employment attorney in California on your side.

Am I Entitled to an Employment Claim Even if I Quit?

Yes, you may still have a valid employment claim even if you quit, particularly if your resignation was due to unlawful working conditions. 

This is known as “constructive discharge,” where an employee feels forced to resign because the workplace became intolerable due to discrimination, harassment, or other legal violations. A California employment lawyer can help determine whether your resignation qualifies for a claim.

Do I Have to Go to Court?

Nobody wants to go to court, and fortunately, you may not have to! Many disputes are resolved through negotiations, mediation, or arbitration, allowing you to settle your case without formal litigation. 

But, we may recommend pursuing your claim in court if a fair resolution cannot be reached. We’ll guide you through the process and represent your interests in any forum necessary.

What are the Statutes of Limitation on California Employment Law Violations?

The specific employment law your employer has violated will dictate how quickly you must act - but in general, time is of the essence. The moment you’ve been wronged the clock starts ticking:

• Discrimination and harassment under the Fair Employment and Housing Act (FEHA): You must file a complaint with the Department of Fair Employment and Housing (DFEH) within 3 years.
• Wage and hour claims: Typically, 3 years for unpaid wages, overtime, or meal and rest breaks.
• Wrongful termination: 2 years for most claims.

As with most things, don’t play the guessing game and risk missing out on your opportunity. Let an employment lawyer in California handle your case.

Do I Get Access to Disability Retirement Benefits if I Can’t Ever Return to Work?

Those unable to return to work due to a permanent disability may qualify for disability retirement benefits under certain plans, such as California Public Employees' Retirement System (CalPERS) or other employer-sponsored programs. 

Eligibility depends on your employment status, contribution history, and the terms of your retirement plan. An employment attorney in California can help you understand your options and guide you through the application process.

Can I Get Both Social Security Disability Benefits and Workers Comp?

Yes, it’s possible to receive both Social Security Disability Insurance (SSDI) benefits and workers' compensation. However, your SSDI benefits may be reduced due to the workers' comp offset rule. 

The total combined benefits generally cannot exceed 80% of your average current earnings before your disability. A California employment attorney familiar with disability and workers’ compensation laws can help you receive the maximum benefits available.

Are Employers Allowed to Cut Pay as a Punishment?

No, employers in California are never allowed to dock your pay as a form of punishment or retaliation. California law protects employees from adverse actions motivated by unlawful reasons, such as whistleblowing, discrimination, or exercising legal rights. 

If your employer has unfairly reduced your pay, it may constitute a violation of wage laws or retaliation, and you could have grounds for a legal claim.

Can I Sue My Current Employer If I’m Still Employed?

While most employees take legal action after being terminated or quitting, you can technically pursue legal action against your employer at any time - even while still on payroll. 

Claims for discrimination, harassment, wage violations, retaliation, or unsafe working conditions can be pursued without the need to resign. Filing against a current employer can be tough, though, so consult an employment lawyer to protect your rights in these complex cases.

Take the Next Step With the #1 California Employment Lawyer Today

Don’t let another day go by with your employment rights being breached. We’re a California employment attorney eager to work one-on-one on your case and deliver a positive outcome. We serve all of Southern California, including:

• Employment attorney Beverly Hills
• Employment attorney Sherman Oaks
• Employment attorney Glendale CA
• Employment attorney Hollywood
• Employment attorney Long Beach
• Employment attorney Pasadena
• Employment attorney San Fernando Valley
• Employment attorney Santa Clarita
• Employment attorney Santa Monica
• Employment attorney Westwood Village
• Employment attorney Los Angeles

No one should have to endure an unsafe, discriminatory, or intimidating work environment. So, take the next step today and contact the California employment attorney at Starpoint Law today.

Where You Can Find Our Sherman Oaks Office