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Escondido Employment Lawyer

Escondido Employment Lawyer

Escondido Employment Attorney

California employees rely on their jobs to provide them with their livelihood, and they should also be able to rely on fair treatment and safe workplaces. Employment laws outline employee rights to fair pay, medical leave, a work environment free of discrimination, and a job site reasonably free of danger. Unfortunately, these rights are not always upheld.

If an employer in Escondido, CA does not take reasonable measures to address and prevent hostile workplaces, safety hazards, or other violations, employees can file a civil claim against their employer. Employees can gain compensation proportional to their damages suffered, whether they were wrongfully terminated, demoted, not paid their wages, or forced to endure emotional distress and trauma.

If your employee rights were violated, you may be able to file a claim to cover your financial damages, which could include lost wages, lost benefits, and even medical costs. By working with an employment law attorney, you can have legal assistance while finding evidence to support and file your claim, which can increase your chances of being successful.

Escondido Employment Lawyer

The Law Office of Frank S. Clowney III: Employment Lawyers in Escondido

The employment law system is often confusing and difficult to navigate, especially if you have never dealt with an employment violation complaint or claim before. You may also be worried that filing a complaint will cause your employer to retaliate against you. Several types of employment claims also create money stressors, such as wrongful termination or wage theft, which can add to the frustration of an employment claim. When you hire an employment attorney, you can limit some of your stress and allow a professional who has many years working in labor law to walk you through the claims process.

The attorneys with The Law Office of Frank S. Clowney III have worked for 40 years in employment law. We know the process, legal requirements, and deadlines for filing claims for discrimination, wage and hour violations, harassment, and other employment violation claims. Our attorneys can help collect evidence to support your complaint, determine the right agency to send the complaint to, and calculate the damages your civil claim should cover. We understand how overwhelming these situations can become, and our firm wants to improve your chances of a successful claim, which can help you remain financially stable. We are proud to serve our community and their employee rights.

Labor Law Violations We Handle in Escondido

Some of the most frequent types of employment law violations we see include:

Wage and Hour Violations

Wage and hour law includes the non-exempt employee’s right to earn at least minimum wage. It also ensures the right to overtime pay after working more than 8 hours in a workday or 40 hours in the same workweek, along with the right to meal and rest breaks. Employers may:

  • Fail to pay their employees this amount.
  • Misclassify them as independent contractors or as exempt employees.
  • Require employees to work off-the-clock
  • Unfairly deduct amounts from employee paychecks.

These actions are illegal.

Workplace Discrimination

State and federal law prohibits employers from discriminating against employees or job candidates on the basis of protected characteristics, which include:

  • Race
  • Religious creed
  • Sex
  • Gender
  • Physical or mental disability
  • Ethnicity
  • Sexual orientation
  • Pregnancy
  • Marital status
  • Health condition

Discriminating actions may include:

  • Harassment
  • Demotion
  • Failing to hire
  • Firing
  • Passing an employee over for a deserved bonus or promotion

Workplace Harassment

There are two main forms of workplace harassment: hostile work environment harassment and quid pro quo sexual harassment. Quid pro quo harassment is sexual harassment done by a manager, employer, or other individual with control over the employee’s job status. A hostile work environment can be created by employers, managers, or coworkers. It may be sexual harassment or discrimination-based harassment. An employment attorney can help determine how to handle these situations while protecting the employee and their rights.

Retaliation

Many employees suffer through discrimination, harassment, or other worker rights violations due to a fear of retaliation. Employers are prohibited from retaliating against an employee for exercising their rights, but retaliation still occurs. Employees can:

  • Request that employers take action against hostile work environments.
  • File complaints for discrimination or harassment.
  • Participate in investigations for these issues.
  • Whistleblow on illegal activity.

These are all protected actions. Retaliation by employers may include wrongful termination, demotion, further harassment, or other adverse employment actions. An attorney is important to help protect employee rights against retaliation.

Wrongful Termination

Employers cannot fire an employee for an illegal reason, such as discrimination or retaliation. California is an at-will employment state, which enables both employers and employees to sever their professional relationship at any time for any reason. This results in significant job insecurity for employees. If an employer fired an employee based on a discriminatory bias or because they exercised their protected rights, the employee could file for wrongful termination.

How Can an Escondido Employment Law Attorney Help Me?

When you file a complaint or claim, you may be dealing with several other stressors, such as:

  • Actively going to work to face discrimination or harassment
  • Having lost your job and consistent source of income

Filing your claim during these circumstances is easier with a labor law attorney, and an attorney can help prevent common errors that may slow down your claim. A lawyer can calculate the damages you are likely to receive in a claim and how likely it is to succeed. That way, you can make an informed choice about pursuing a complaint.

An attorney can determine whether to file your claim with the Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department (CRD), or the California Labor Commissioner’s Office based on your specific labor law violation. The EEOC is a federal agency, and the EEOC and CRD have different deadlines for similar claims. Your attorney can help you draft and supplement your complaint, increasing the likelihood of the EEOC or CRD providing you with the right to sue your employer. The agency that you file with may also pursue a civil claim against your employer itself, especially if it has received several complaints about the same employer.

Your attorney can also give you legal advice and protect your rights if your employer retaliates against you. Some employers take negative employment actions when employees file complaints for harassment, discrimination, or other employee rights violations, further violating their employees’ rights.

When filing a civil claim, your attorney can advocate for you in negotiations and in litigation, fighting for your right to compensation.

FAQs

Q: How Long Do You Have to Sue an Employer in California?

A: The statute of limitations, or the legal deadline for you to file a civil claim, depends on the reason you are suing your employer and the agency you file with. If you are filing with the California Civil Rights Department (CRD), the deadline is 3 years from the most recent act of discrimination, retaliation, or harassment. Wage violations also have a statute of 3 years. If you file with the Equal Employment Opportunity Commission (EEOC), you must do so within 180 days from the date of the most recent incident. If the incident is also against state law, this deadline extends to 300 days.

Q: Can You Sue Your Employer for Negligence in California?

A: You can only file a claim against your employer for an injury at work if they were grossly negligent or malicious in their actions. You can file a workers’ compensation claim regardless of who was at fault for the accident, and the workers’ compensation system generally protects employers from being sued.

If an employer was negligent in preventing and addressing issues in the workplace, such as harassment, discrimination, a hostile work environment, or dangerous working conditions, you can file a civil claim against them.

Q: Can I Sue My Employer for Retaliation in California?

A: Yes, you can file a civil claim against your employer for retaliating against you. It is illegal for an employer to retaliate against an employee for legally protected actions, and the employee should receive compensation for the damages they suffered. You can file a complaint with the CRD or the EEOC to obtain the right to sue. An employment attorney can review the facts of your situation to calculate your damages and help you file a claim.

Q: What Makes a Strong Retaliation Case in California?

A: A strong retaliation case will include proof of the following:

  1. You were engaging in a protected action, such as good-faith whistleblowing, taking protected medical leave, or reporting discrimination or harassment.
  2. Your employer took a negative employment action against you because of that protected action, which may include firing you, limiting your hours or pay, or giving you unpleasant job tasks.
  3. There is a connection between your protected action and the negative employment action, and the employment action did not occur because of a necessary employment or business decision.
  4. You suffered a form of legally recognized damages, whether economic or noneconomic.

Defend Your Employee Rights in Escondido

At The Law Office of Frank S. Clowney III, we want to reach a fair and efficient conclusion to your complaint and civil claim so that you can continue your life with the compensation you need. Whether you are facing wage and hour violations, a hostile workplace, or other labor law violations, we want to help you defend your rights. Contact our legal team today.

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