FAQs

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:

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.

Statutes of Limitation in California Employment Law Cases

In California, statutes of limitation set deadlines for filing employment law lawsuits:

• Wrongful Termination: Two years from termination, or three years if involving discrimination or harassment.
• Discrimination: You must file a complaint with the Department of Fair Employment and Housing (DFEH) within three years to obtain the right to sue letter, and then one year to file a claim.
• Wage and Hour Claims: Three years for unpaid wages or overtime, while breach of written contract claims have a four-year limit.
• Retaliation Claims: Two years from the retaliatory act.

It’s crucial to be aware of these timeframes, as failing to file within the statute of limitations can result in losing your right to pursue the claim. The best way to ensure that you take the appropriate steps in time is to speak to an attorney as soon as you realize you may have an employment law claim.

A severance agreement is a contract between you and your employer about the terms of your departure. It typically offers additional compensation or benefits in exchange for the employee waiving certain rights, such as the right to sue the company. These agreements often include clauses on confidentiality, non-disparagement, and sometimes non-compete provisions. Review the agreement carefully and consider consulting an attorney before signing to understand all terms and how they affect you. This helps ensure you’re treated fairly and know what rights you might be giving up.

A hostile work environment is a legal term referring to a workplace where an employee experiences severe or pervasive harassment based on protected characteristics like race, gender, religion, or age. This harassment must be serious enough to interfere with the employee’s ability to perform their job or create an intimidating, hostile, or offensive work atmosphere. Isolated incidents or general unpleasantness typically don’t qualify. If you believe you’re experiencing a hostile work environment, document the incidents and report them to HR or management.

Wrongful termination involves being fired from a job, but not all terminations are illegal.

Unfair Termination

This happens when you’re fired for reasons that seem unjust or unreasonable but don’t necessarily violate any laws. For example, being terminated due to personal dislike is unfair but not illegal.

Illegal Termination

This occurs when firing breaches employment law, such as discrimination based on race, gender, or retaliation for reporting illegal activities.

Understanding the difference is crucial because legal action is only available for illegal terminations.