Don’t Get Mad, Get Justice.

An employment law attorney is a lawyer that focuses their practice on workplace issues. They represent either employees or employers in matters such as wrongful termination, discrimination, harassment, wage disputes, contract negotiations, and other employment-related matters.

Employment lawyers are well-versed in state and federal employment laws and can help you understand your rights and obligations at work. They can guide you through the complexities of employment law, represent you in legal proceedings, and ensure you receive fair workplace treatment.

You should contact an employment law attorney if you’re facing any of these workplace issues:

• Wrongful Termination: If you believe you’ve been unfairly fired.
• Discrimination or Harassment: If you’re experiencing unfair treatment or harassment due to race, gender, religion, or disability.
• Wage and Hour Disputes: If you’re not being paid correctly, including issues with overtime, minimum wage, or unpaid wages.
• Retaliation: If you’re being punished for reporting harassment or filing a complaint.
• Constructive Discharge: If you’re forced to resign due to an intolerable work environment.
• Employment Contract Review: If you need help understanding or negotiating an employment contract.
• Employment Benefits Disputes: Issues with health insurance, retirement benefits, or other employee benefits.
• Non-Compete Clauses: If you’re dealing with restrictions on your ability to work for competitors after leaving a job.

Employment law can be complex, so consulting an attorney can help you navigate these challenges and protect your rights.

The cost of hiring an employment attorney can vary depending on various factors, such as the complexity of the case, the attorney’s experience and reputation, and the location of the attorney. Importantly, employment lawyers may charge on an hourly basis, perform certain services for a flat fee, or take cases on contingency.

Remember, the cost of hiring an employment attorney should not deter you from seeking legal representation. Many attorneys offer flexible payment options and may work on a contingency fee basis, where they only charge a fee if they win your case and recover damages on your behalf. It is important to discuss the fee structure with the attorney during your initial consultation.

Employees who are on protected leave, such as Family and Medical Leave Act (FMLA) leave or leave under the California Family Rights Act (CFRA), have certain legal protections. Generally, employers are not allowed to terminate an employee solely because they are on protected leave. However, this does not mean that employees on protected leave are completely immune from termination.

There are situations where an employer may have valid reasons to terminate an employee on protected leave. For example, if the employee’s position is eliminated due to organizational restructuring or downsizing, the termination may be lawful. Additionally, if the employee is unable to perform the essential functions of their job, even with a reasonable accommodation, termination may be permissible.

Under the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), an employer is required to provide reasonable accommodations to qualified individuals with disabilities. To request a reasonable accommodation in California, inform your employer about your disability and the need for accommodation. This can be done verbally or in writing, though written requests create a record. Be clear about your limitations and suggest potential accommodations. Your employer should then engage in an interactive process with you to determine appropriate accommodations. Remember, you’re not required to disclose your specific diagnosis, just the limitations requiring accommodation. If you face difficulties in this process, consider seeking advice from an employment attorney.