Orange County Employment Lawyer

Orange County Employment Attorney

As a California employee, it is essential that you have a firm grasp of the laws that protect you in the workplace, especially in the case that your employer has violated your rights. An Orange County employment lawyer from Engels-Janzen understands just how complex employment law is in California and can guide you through filing a claim.

Engels-Janzen: Your Orange County Employment Law Counsel

If you are dealing with employment law violations in Orange County, whether it be a wage dispute, wrongful termination, or workplace discrimination, it is crucial that you understand your rights and safeguard them. At Engels-Janzen, our skilled legal team has spent years advocating for the rights of California employees. We work to hold employers accountable for their harmful actions and fight for the compensation our clients are rightfully owed.

Common Employment Law Claims in California

Employees are entitled to a broad scope of rights in California, from safe working conditions to fair wages and protection against harassment and discrimination. Despite the robust legal protections offered to employees, many workers are unaware of how they may be mistreated in the workplace and the legal pathways available to them when they need support and help.

Unfortunately, worker rights violations are not an uncommon issue in both California and the country as a whole. A wide range of employment claims are filed in the state every year. Below are some of the most common employment law claims employees seen in California:

• Wage and Hour Violations: Wage and hour violations come in many forms. This can include unpaid wages, where an employer fails to pay the employee adequately or fails to pay the correct and full amount they are owed. This can include identifying and misclassifying employees as independent contractors or exempt workers so they don’t have to pay for overtime, rest breaks, or benefits. This may also involve employee meal and rest break violations.
• Discrimination: Discrimination based on protected classes such as age, race, gender, sexual orientation, national origin, disability, or other identifying categories can lead to a legal claim. Employers are also legally required to give a reasonable amount of accommodations to employees who have disabilities. Failure to do so can make them liable.
• Harassment: Any form of harassment is illegal. Harassment can be related to an employee’s gender, religion, race, sexual orientation, and more. Victims of sexual harassment can pursue compensation under both federal and state law.
• Workers’ Compensation Retaliation: Employees who get injured while working and then file for a workers’ compensation claim are legally protected from retaliation. Unfortunately, there are situations where an employer takes negative action against their employee for filing a claim. If you are being punished for filing a workers’ compensation claim, this is known as retaliation and a violation of your rights.
• Wrongful Termination: When an employee is fired for unfair and discriminatory reasons, they can pursue legal action against their employer in the form of a wrongful termination claim.
• Retaliation: Retaliation happens when an employee takes action to shed light on unsafe and illegal working conditions, and their employer responds with adverse action like firing, demotion, or mistreatment. These claims are taken seriously under both state and federal law. Retaliation can also occur if an employer takes adverse action against a worker for filing a claim or taking leave.
• Workplace Safety Violations: Every employee has the right to a safe work environment. If an employee is injured due to a dangerous work environment, they can pursue legal action against their employer.
• Breach of Employment Contract: If an employer breaches the term of the employee’s contract in any way, such as changing their pay unknowingly or firing them before their contract is up, the employee may have grounds for a breach of contract claims.

These are just some of the most common claims employees bring against their employers, but there are, unfortunately, many more. Each claim type is specific and may be regulated by various laws and legal standards that often require the assistance of a law professional to navigate. The team at Engels-Janzen is here to help.

How You Should Respond to an Employee Rights Violation

If you are experiencing a violation of your employee rights, it is essential that you respond properly to protect yourself from further harm. As there is often a strong power dynamic in the workplace as an employee who is wronged by their employer, it is advisable to get support from a skilled lawyer who can guide you through your next steps.

The following are the general steps you’ll need to follow if you decide to take legal action against your employer:

• Understand Your Rights: It is important that you are always aware of your rights in the workplace. Understanding both state and federal laws that offer protection against discrimination, harassment, wage theft, wrongful termination, retaliation, and more is essential. As soon as you are on the job, you should also read the company’s specific policies and how violations and complaints are handled.
• Document the Incident: It is important that you keep a detailed record of the violation that occurred. This can look like a written record of what happened, including when it occurred, who was involved, how the violation affected you, and if there were eyewitnesses. It is helpful to gather as much evidence as possible. Collect emails, written communication, text messages, performance reviews, or any physical documentation.
• Report Internally: By reading your company’s policies, you should know what to do in the event that you need to file a complaint or rights violation. It is essential to follow this policy if possible. This generally looks like reporting the incident to a supervisor and/or the human resources department. If adequate action is not taken on your company’s end to resolve the issue, you can take further action outside of your organization.
• Consult an Employment Lawyer: When your employment rights are violated in Orange County, you should consult a lawyer as soon as you’re able. A lawyer can advocate on your behalf in any negotiations, mediation, or litigation situations. They can help you identify what legal steps to take and represent you along the way.
• File an Official Complaint With a Government Agency: If a workplace violation involves discrimination or harassment, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Both of these agencies investigate cases of workplace harassment and discrimination. Your lawyer can help you navigate these complaints.
• File a Legal Claim: If the alternative dispute resolution efforts are unable to resolve the issue, you can file a legal claim with help from your attorney. Common employment claims include wrongful termination, wage theft, discrimination, harassment, and retaliation.

Responding to an employee rights violation can be an overwhelming and stressful process, but taking the right steps as early as possible can strengthen your case and help you toward a swift resolution. Do not hesitate to document and report your incident and then seek legal guidance. Your well-being is worth protecting and advocating for.

How an Orange County Employment Lawyer Can Help

An employment lawyer from our firm can provide invaluable support during complex cases like employment rights violations. Lawyers become critical allies as they work to protect your rights and seek fair resolutions to ensure a just result. An employment lawyer ensures that you understand the necessary laws and protections available to you to empower you toward action. The following are just some of the ways our employment lawyers can assist you:

• Evaluate Your Case. A lawyer can evaluate your situation and identify what legal options are available to you. They can assist you with completing government complaint claims with agencies like the EEOC or DFEH. They can also ensure that you are taking legal action within the specific statute of limitations or legal deadlines that you must adhere to locally.
• Guide You Through Filing a Claim. As employment law is highly technical, it is essential not to make mistakes in the legal complaint and filing process. Your lawyer can work to see that your case is free from procedural errors that can extend the time it takes to find a resolution. They can also take your case to court if necessary and advocate for your rights in front of a judge, jury, and your employer.
• Obtain Evidence. Lawyers are highly skilled in gathering the needed evidence, obtaining witness testimonies, and presenting a compelling and honest case in the courtroom. All of this can significantly increase your chance of seeing a successful outcome.
• Negotiate and Advocate on Your Behalf. As many employment issues get resolved outside of the court system and through settlement agreements, an essential part of a lawyer’s role is to negotiate for fair compensation on your behalf. They can work to secure fair compensation for your lost wages, emotional distress, and any other damages you have suffered.Lawyers can also assist you in the employment contract agreement phase of your employment. They can review your contract agreement, severance packages, and more to see that you are receiving a fair agreement and that your rights are protected. In the case that your employer breaches the employment contract, your attorney can help you seek compensation for damages related to the breach.
• Share Experience and Knowledge. An employment lawyer provides legal experience and understanding that helps ensure you receive fair treatment and the compensation that you deserve. If you are dealing with a workplace rights violation as an employee, reach out to a lawyer as soon as possible to ensure you are protected.

FAQs

How Much Does an Employment Lawyer Cost in California?

How much an employment lawyer costs in California depends on several factors that are highly unique to the circumstances of each case. A lawyer’s fee may be based on their fee structure, their experience level and reputation, the specific jurisdiction requirements, the timeline of the case, the nature of the claim, and more. It is vital to speak with your lawyer about payment expectations during your initial meeting.

How Do I Get Advice About California Labor Law?

There are several ways that you can receive advice about California labor law. One of the smartest ways to obtain advice is by consulting a skilled employment lawyer who can share their knowledge. The California Department of Industrial Relations (DIR) also offers information on workers’ rights, or you can contact the Labor Commissioner’s Office for additional help. They have many available resources to help workers understand their rights.

What Are My Rights as a California Employee?

As an employee in California, you are entitled to a variety of protections and rights outlined in state labor laws. Your rights span issues of minimum wage, overtime pay, rest breaks, protection against discrimination and harassment, safe working conditions, paid sick leave, and more. If you feel your rights have been violated, it is essential to meet with a trusted employment lawyer as soon as possible to discuss your situation.

Can You File a Claim Against Your Employer in California?

Yes, you can file a claim against your employer in California. However, you can only do so under specific circumstances. Generally, when your rights are violated, you must first report it within your company, including the human resource department. If your employer does not take action to mend the incident, you can then pursue legal action. You may also be able to pursue legal action if the rights violation is coming directly from your employer.

Is an Employment Lawyer Useful in California?

Yes, an employment lawyer can be extremely useful during an employment rights violation case. Employment law in California is quite complex, making the support of an employment lawyer essential as you are seeking fair treatment in the workplace. A lawyer can help you in a multitude of ways, ranging from filing your claim to advocating for you in the courtroom.

Speak With a Trusted Orange County Employment Lawyer Today

If you believe your rights have been violated in your place of work, Engels-Janzen invites you to set up a consultation today. As employment lawyers, we understand just how overwhelming situations like these can be, and we are prepared to guide you through each step you take. Do not wait to hold your employer accountable. Pursue justice today.