Oakland Employment Lawyer
You have a number of rights as an employee. You might not think about these rights most days, yet they come to the fore when something at work goes wrong. Suddenly, when you are faced with a problem, you need to consider not only how you should be treated by your employer, but also how the law requires your employer to treat you. There are numerous federal and California laws regarding how your employer must pay you and protect you from inappropriate or unlawful conduct. If you have experienced something you know or believe to be against federal or California employment law, then contact an experienced Oakland employment lawyer at the Brod Law Firm right away.Common Employment Law Violations
At the Brod Law Firm, we handle all types of employment law claims, including:
- Discrimination: You are protected from discrimination based on race, color, national origin, religion, and sex under the Title VII of the Civil Rights Act. You are also protected from discrimination related to your race, color, national origin, ancestry, religion, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity and expression, sexual orientation, age, or military and veteran status under California’s Fair Employment and Housing Act (FEHA). If you believe you were discriminated against during the application or hiring process, during your employment, and in relation to being let go, contact an attorney immediately. You may have the right to file an administrative claim with the California Department of Fair Employment and Housing (DFEH) or with the Equal Employment Opportunity Commission (EEOC). If you exhaust the administrative process without receiving a fair outcome, an employment lawyer in Oakland can discuss your right to file a lawsuit.
- Sexual Harassment: A common form of discrimination is sexual harassment, which may be explicit and egregious, or it may be subtle and pervasive. You may have a sexual harassment claim against your employer if you are the victim of one serious offense, such as groping, a quid pro quo suggestion, or sexual assault. If you experienced explicit sexual harassment or assault at work, contact a lawyer immediately. However, sexual harassment can also be understated. It can be a number of small comments and actions that create an uncomfortable, hostile, and unproductive work environment. If you are having trouble working in such an environment, contact the Brod Law Firm today.
- Wage and Hour: There are numerous laws regarding how you must be paid, including the Fair Labor Standards Act (FLSA). This controls things like when your employer can label you an employee or independent contractor. It dictates how an employee must calculate your hours and when you are entitled to overtime pay. It dictates the minimum amount you must be paid and the minimum you must be paid for hours of overtime. There also are California laws regarding these issues, which differ slightly from federal regulations. If you ever think your employer is not paying you correctly, call an employment attorney in Oakland to discuss the laws regarding your situation and to obtain an analysis of your situation.
- Wrongful Termination: If you are an employee, there are limitations to when your employer may dismiss you – either laying you off or firing you. If you have an employment contract, then this document controls when and how you may be let go, and if so, the benefits or compensation to which you are entitled. If you are an at-will employee, which most people are, then your employer has far greater leeway in when and why they can fire you. As an at-will employee, you can be dismissed for any reason so long as the reason is not illegal, such as discrimination.
- Retaliation: If you encounter a problem at work, such as discrimination, sexual harassment, or a wage violation, you have the right to bring this problem to your employer’s attention and ask for it to be rectified. If your employer does not address the situation, then you have the right to pursue the issue outside of work, such as through an administrative complaint. Your employer cannot retaliate against you for complaining or seeking redress to a problem. You cannot be fired or demoted for bringing it up. If you are, call a lawyer right away.
If you experience a clearly unlawful situation at work, your best next step is to call a lawyer. You also should contact us at the Brod Law Firm if you are not sure whether a situation is illegal or not. There is no way to know your rights and legal options without speaking to an experienced attorney who can explain the law and review your situation. We can guide you through filing an administrative claim or a lawsuit.