Employment Law Attorney in California

Employers and Employees in California are governed by employment and labor laws at both the federal and state levels. These laws are the foundation for duties and rights. Disagreements can arise from a failure to uphold and undertake these duties and rights.

At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., we are committed to each of our clients. Our employment and labor law attorney in Los Angeles can help  employees understand their rights, and we can take appropriate action given the unique circumstances of each case. If you believe you have an employment law issue, contact us today at (310) 900-0809 to schedule a Free Case Evaluation.

Understanding Employment and Labor Laws in California

The workplace should be a place where work is efficiently and effectively completed. If the company is managed according to relevant laws, then that shouldn't be a problem.

Employment law oversees and addresses different aspects of the employer-employee relationship, including:

  • Wages (e.g., minimum wage, overtime pay, hours of work)
  • Health and safety 
  • Workplace policies and procedures
  • Workplace discrimination
  • Workplace harassment
  • Employee classifications
  • Equal opportunity 
  • Workers' compensation
  • Termination

At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our employment and labor law attorney can help employees who believe an employer may have violated their rights in one way or another, we can help you obtain a just and fair remedy. 

Common Grounds for Employment-Based Lawsuits in California

Lawsuits are not uncommon between employers and employees. Oftentimes, it is the employee who brings the lawsuit, but in some situations, the employer may do so. From breaches of contracts to discrimination, below are the most common reasons an employment or labor-based lawsuit can be filed in California.

Breach of Implied Covenant of Good Faith and Fair Dealing

Parties to a contract, like employment contracts, have a duty not to harm or otherwise interfere with the other party's right to receive the benefits of the contract – this is known as an implied covenant of good faith and fair dealing. Though a specific definition does not exist, courts have the discretion to determine its meaning and scope. As such, allegations that an employer violated the implied duty of good faith and fair dealing in employment relationships can be a cause.

Employment Discrimination

The government can protect against discrimination in the workplace based on certain characteristics, which include:

When an employee, or even an applicant, believes they have been unequally treated based on one of the above-protected characteristics, they may have a claim and possibly request damages and other remedies.

Employment Contracts

Disputes can arise from breaches of employment contracts, including issues related to terms, conditions, and termination clauses.

Family and Medical Leave Act Violations

Employees have certain rights when they or family members become sick or injured. The Family and Medical Leave Act (FMLA) establishes and protects these rights. When an employee believes their FMLA rights have been violated, then they may file a claim. Two common violations under the FMLA are denied requests of leave or retaliation for taking FMLA leave.

Harassment and Hostile Work Environment

Legal action can be taken when employees are subjected to unwelcome and offensive conduct that creates a hostile work environment. Some cases involve harassment, whether it is sexual harassment or bullying.

Occupational Safety and Health Administration Violations

The Occupational Safety and Health Administration (OSHA) establishes certain standards that employers must uphold to protect the safety and health of employees. If unsafe working conditions and other violations of OSHA regulations are present in the workplace, employees can file claims.

Retaliation

If an employer takes adverse actions against an employee in retaliation for exercising their legal rights, such as reporting workplace violations or filing a complaint, it can be an unlawful retaliation, and the employee can file a claim.

Wage and Hour Violations

Employees can pursue legal action if they are denied proper wages, overtime pay, or meal and rest breaks. 

Whistleblower Claims

When an employer engages in illegal activities or violations, an employee might report it. In such situations, these employees may be protected as whistleblowers. If the employer retaliates against the employee for reporting the company, the employee might be able to file a claim.

Wrongful Termination

An employee who was fired unlawfully, often violating employment contracts, public policy, or anti-discrimination laws, can file a claim.

Unfair Labor Practices

Allegations that employers have engaged in unfair labor practices, such as interfering with employees' rights to organize or engage in collective bargaining, could be a reason for an employee to take legal action against the employer.

Examples of Defenses in Employment Disputes

Employers facing legal action in employment law cases may employ various defenses, including:

  • Legitimate business reasons, where they assert that their actions were based on legitimate business justifications, such as poor performance, violation of company policies, or downsizing
  • Lack of evidence, where employers challenge the evidence presented by the employee and argue that there is insufficient proof to support the allegations
  • Bona fide occupational qualification (BFOQ), where employers assert that a certain characteristic or qualification is necessary for the job, and the action taken was justified based on business necessity
  • Legitimate expectation, where the party asserts that they had a reasonable expectation of specific treatment or benefits based on written or implied agreements, policies, or past practices
  • Good faith performance, where the party argues that they performed their duties in good faith and fulfilled their responsibilities as required

Employment and Labor Law Legal Services

At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., clients can come to us because we build relationships related to employment and labor law. 

If you are an employee, we can help you with:

  • Discrimination and Harassment Claims.
    • We handle cases involving discrimination and harassment, whether it's based on factors like race, gender, age, disability, religion, or other protected characteristics. 
  • Family and Medical Leave Act.
    • We can help employees in disputes related to FMLA leave.
  • Wrongful Termination.
    • In some cases, employees believe they were terminated unlawfully. This may involve reviewing employment contracts and asking about the circumstances of termination.
  • Wage and Hour Disputes.
    • For disputes related to wages, overtime pay, minimum wage violations, and other issues concerning compensation and benefits.
  • Whistleblower Protection.
    • For individuals who report illegal activities within the workplace (whistleblowers) and ensure they are protected from retaliation.

Contact an Employment and Labor Law Attorney in Los Angeles Today

Contact us by filling out the online form or calling us at (310) 900-0809 to schedule a Free Case Evaluation and learn more about how we will help you.

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