Most of us take great pride in our jobs with the belief that our contribution to our employers will result in financial rewards and job security. Unfortunately however many employers engage in illegal activities towards their staff resulting in grave damages to the employee. The employee has rights which cannot be infringed upon. Should an employee’s rights be violated, they can sue their employer to receive monetary compensation for the violations.
About Our Firm – California Employee Rights Law Firm
The Employee Justice Legal Group is a premiere law firm practicing in the areas of employment law and labor law. Our law firm was founded with one goal in mind: To help people who are facing issues with their workplace. Our mission is to help everyday people like you get the maximum compensation allowed under the law for the injustice that they have encountered. Our firm has the resources and experience necessary to win complex cases, and we know what it takes to win your case. If you are looking for the best labor law attorney, you have found the right law firm to represent you.
Our Practice Areas
Below you will find a list of our most common practice areas. In addition to the list below, we practice in a lot of other areas related to issues at the workplace. Please check our practice areas page for a more comprehensive list.
- Harassment in the workplace
- Hostile work environment
- Sexual harassment
- Racial discrimination
- Disability discrimination
- Age discrimination
- Workplace safety and OSHA violations
- Employee misclassification as contractor
- Wrongful termination
- Wage, overtime, and hour disputes
- FMLA / CFRA – Pregnancy Leave Violations
Cost of Legal Representation
Our attorneys give you a Zero Free Guarantee with no upfront costs. Meaning, that if our team of legal experts does not win your case, you will not pay. If our team of attorneys is successful with your case, we will only charge a low-rate on whatever it is we recover.
Why Choose Us – We Fight – We Care – We Win
Our team of legal experts have the experience, knowledge, and perseverance to make your case the strongest possible one in order for you to get the compensation you deserve. Communication is key for everything, but especially for a law firm. We will keep you up to the minute on the status of your case, and you can always call us to inquire about the status.
Every attorney working at our firm has a special desire and passion to help others. Every attorney at our firm has wanted to be an attorney since childhood. Our attorneys are compassionate and they truly care about you as a person. We get to know each and every client personally and treat every client like family. When you call or email us, we will immediately know who you are and provide you with the update that you need on your case. When you contact us, you will know that our number one goal is to help you.
Our Mission Statement
The Employee Justice Legal Group was founded to give you, the hard working employee, the best legal counsel if you are a victim of injustice due to employer actions (or inactions.) We believe in treating each and every case with the respect and diligence that it deserves. We give every case the time, man power, and resources it needs in order to give it the best possible chance at success.
Free Consultation Available From Our Attorneys
Free consultation with our expert attorneys is available to you. Our team of legal experts provides a confidential case evaluation for employees. You can call or email us today and our team will be happy to listen to your story and let you know our expert legal opinion regarding the best course of action.
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A majority of our clients are everyday people who were just trying to make a living.
More About Our Practice Areas
A labor law lawyer is needed whenever someone is facing injustice at the work place. Our employment and labor law firm represents people who have been wronged. We are here to make sure you receive the justice that you deserve. Labor law is a complex field and it is important that you hire a lawyer with lots of experience and skills to get you the maximum amount of money that you deserve. Our law firm represents clients with the following employment claims:
Discrimination in the Workplace
The workplace should be a space in which employees are protected from all harm – be it physical, mental, and verbal. Discrimination and harassment can, at times, be obvious to spot, like the usage of racial slurs or denial of promotion or advancement opportunities due to an unlawful reason. It can, however, also be discreet and even be kept hidden.
Discrimination occurs when a member of a protected class of citizens is treated differently from their workmates. For example, if an African American woman is repeatedly passed up for promotion or advancement in their role, despite the overwhelming evidence saying she is the most qualified, that employee may want to file a discrimination claim. There are many kinds of discrimination that may not be as obvious, like sexual harassment for instance. In the end, if your rights are violated you have the right to file a claim against your employer. The right team of attorneys, you can get the compensation to which you are entitled.
Sexual Harassment and Acts of Sexual Violence
It is against the law to make unwanted sexual advances towards an employee or applicant. It is unfortunately one of the most discreet forms of discrimination that exist in the workplace. Victims of sexual harassment is said to have occurred when an employee can no longer perform their daily duties because of unwelcome sexual advances, requests for favors of the sexual nature, and other physical/verbal harassments that are that of a sexual nature. It creates a hostile, intimidating, or offensive work environment which encroaches on the employee’s rights.
Sexual harassment is not limited to only one offense, it ranges in its very strict definition: from persistent offensive sexual remarks (which the offender may quickly guise as a “joke”) to posting inappropriate material around the workplace to inappropriate touching.
State and federal laws both protect an employee/applicant from sexual harassment in the workplace and this is why it is important for all employees to know their rights and when they are being infringed upon. When determining whether or not sexual harassment occurred, the courts will look at the following factors:
- How often conduct occurred;
- If the conduct was physical, verbal, or both;
- If the conduct was patently offensive or hostile;
- Whether the behavior was conducted by one or more individuals who perpetrated the harassment;
- If the conduct was done by a supervisor or manager;
- Whether the harassment was done to one or more individuals.
Unsafe Workplace / OSHA Violations
Every workplace is different and has its own unique hazards which affect every employee differently. An employee expects their workplace to be safe and to be protected. Employees do not have to wait until an injury or illness occurs in the workplace in order for them to file a complaint and request that an inspection be made in accordance to the Occupational Safety and Health Act of 1970 (OSHA). This Act was passed in order to prevent workers from being killed, injured, or ill while they perform their duties at the workplace.
If an employee believes that his or her workplace is a serious menace to them and other employees, he or she can file such a request. Employers must follow OSHA standards in order to provide as safe a work environment as possible within the industry in which they, the employer and company, exist. An employee should file a complaint as quickly as possible after noticing that a hazard or lack of compliance with OSHA standards exists and poses a threat to their safety. Employees are encouraged to do so as quickly as possible because citations for hazards may only be issued if the violation currently exists or existed within the past 6 months.
Misclassification of Employees as Contractors
There is a key difference between employees and independent contractors, and it is of the utmost importance that employers make the distinction when classifying a worker. Employer misclassification of employees and independent contractors is a regular occurrence in the United States. The Internal Revenue Service (IRS) posits that employers have wrongly classified millions of workers. It is true that some employers do so through honest error, but other employers purposefully misclassify employees so as to reduce the cost of labor and avoid paying state and federal taxes.
The misclassification of employees is a matrix of complex legal statutes, which affect not only the state and federal government in the form of substantial losses due to tax evasion, it also affects the employee. The ill effect that this misclassification has on employees is very real and employees must know their rights. Misclassified employees are deprived of workplace protections which include the following:
- The right to join a union;
- Minimum wage;
- Receive overtime pay;
- Family and medical leave;
- Often ineligible to receive unemployment insurance and disability compensation;
- Face an increased tax burden.
- Employees have a right to legal counsel if they were misclassified. The right team of attorneys can help restore some balance and get the wages, benefits, and protections they are entitled as a worker.
There are plenty of people who have been terminated from their job who also believe that their termination was “wrongful,” especially if said termination was done without cause. But the legal definition of “wrongful” is very specific in the eyes of the law. In order for a termination to be considered wrongful, the termination must be for an illegal reason. Reasons may include a violation of the anti-discrimination laws or a contractual breach. The at-will doctrine creates a presumption for the employee, in which it states that the employee is not bound to their workplace by anything other than their sheer volition to work. This means that either one may end the employment at any time, for any reason. There are, of course, exceptions to this doctrine.
An employee cannot be terminated due to their race, gender, religion, pregnancy, age, ethnic background, or disability. It is also unlawful for employers to “retaliate” against something an employee did, like file a legal complaint against the employer or bring a wrongdoing to light as a whistleblower. Termination on the basis of these grounds is considered “retaliation” and is unlawful. There exist strict time statutes and regulations that apply to discrimination claims. E.g. you must file a discrimination complaint with a state or federal agency before you have the right to sue the employer in court.
Wage and Hour Disputes
Compensation is at the heart of many cases in which an employer abuses their power over employees. There exist federal and state wage laws in order to help employees from being abused by their employers. While there exist many laws to help towards this one goal, the most famous statute is the Fair Labor Standards Act (FLSA) which was enacted by Franklin Roosevelt during the Great Depression. This means you are required to make at least minimum wage in your state. Your rights are infringed upon should an employer fail to pay you for your time at work.
One of the most basic federal wage and hour laws is the classification and difference between exempt and non-exempt employees. Exempt employees are, as the name suggests, exempt from the laws that offer protections and rights from fair labor acts. Non-exempt employees are employee to which these laws and statutes do apply. Misclassification of employees is the most common violation of employers. The reason employers misclassify employees is to avoid paying the money the employee is rightfully deserved – which the employer would have to pay if the employee was correctly classified.
Overtime Pay Claims
When an employee works past their scheduled hours, they go into overtime. Overtime requires they get paid extra, usually time and half, for their work outside of regular business hours. The biggest issue, however, is that many employees do not know whether or not they qualify for overtime. Whether or not they are exempt is often something they wonder and never quite found out. Workers who are eligible to receive overtime who also work more than 40 hours in one week must be paid overtime. If both state and federal laws apply to the employee, then the employee deserves the compensation which is most strict and provides the greatest amount of protection.
Overtime pay claims serve to rectify a wrong that has been committed against an employee. That being said, it is important that an employee not wait to file an overtime pay claim as there are strict limitations to the filings of the unpaid wages. In order to best preserve a claim, an employee must file a lawsuit within two years of the overtime violation. Back wages are the normal payout which gives you compensation for the overtime hours that were never given to the employee.
FMLA / CFRA – Pregnancy Leave Violations
There exist two types of leave which are commonly called pregnancy and parental leave. Pregnancy leave is a form of disability or medical leave in which the woman is unable to work due to pregnancy and childbirth. Parental leave consists of the time after the birth (or adoption) in which parents must look after their baby. Title VII of the Civil Rights Act of 1964 and the Family Medical Leave Act of 1993 (FMLA) prohibit any sort of pregnancy-based discrimination and provide grounds for the mother to take medical leave during their pregnancy.
A pregnant employee may not be forced to take leave simply because she is pregnant. As long as pregnant employees are able to perform their job, they are allowed to work. In addition, if the employee has complications or must take a leave during the pregnancy, the employer cannot force that employee to remain on leave until after the pregnancy. Employers must also hold a job for a pregnancy-related leave for the same amount of time that employees on sick or disabled leave get. While taking the leave, FMLA requires that employers return their employees to the same job they held prior to the leave, or one that is virtually similar.
To learn more about our areas of practice, please see our practice areas page. If you believe that you have been wronged by your employer or someone at your workplace, you can contact us today for a free consultation. You could be entitled to a significant amount of financial compensation for the incidents that occurred. Call or email us now and an attorney will review your case free of charge.