California has some of the strongest employee labor laws in the country. California law protects employees from being harassed, discriminated against, taken advantage of, being sexually harassed, and grants sick leave to employees. Workers who have been subjected to illegal activity in the workplace have many legal remedies and routes they may take to file suit and gain compensation. Employment lawyers are there to help employees and employers from any illegal action that has been occurring in the workplace. Here’s what you need to know about employment lawyers, and which type of employment lawyer would be best for the case.
Types of Employment Claims
Employment law protects employees and employers for a number of reasons. Employment lawyers typically cover:
Discrimination claims– Laws and statutes such as the Civil Rights Act of 1964 protect employees from being discriminated against based on their gender, sex, race, or religion. California has added a number of other reasons to the Civil Rights Act, to read them all, click here.
Harassment claims– California law defines harassment as any verbal or physical behavior that could be considered as hostile, invasive, threatening, or offensive. FEHA states that workplace behavior is considered harassment when it is either offensive, unwelcome, severe, or creates a hostile work environment.
Unpaid wages claims- Federal and California law protects all employees from not receiving paychecks, or being paid below the minimum wage. Some employers withhold meal or break time, which could amount to hundreds of thousands of dollars in settlements. California has a higher minimum wage than the federal limit, and some employers either forget or just outright withhold the increase.
Wrongful termination claims- Although California employees are considered at-will, employers are required to not discriminate against employees when making any decisions. Employers are not allowed to discriminate against race, sex, gender, or religion.
Leave of absence claims– California labor law grants employees paid time off or at least sick leave once the paid time off hours are exhausted. This law is extended to mothers about to go into childbirth and the following weeks after, and whenever an employee must go to attend important family matters or medical appointments.
Speak with an employment attorney to discuss a potential case. Once the attorney knows all the details of a case, they would be further able to assist the client and allow them to know whether or not they have a viable claim. Many cases are settled out of court, and not in front of a judge or jury.
How can an employment lawyer help me?
Employment attorneys handle a wide variety of employment-related issues and disputes. California employment law is complex, confusing, and constantly changing. An attorney would be able to help the client understand what type of case they have, what kind of evidence is needed, how long the case could take, as well as help the client throughout the whole process. An experienced attorney knows the process of filing a claim and how the discovery process should go. Discovery is one of the most important processes of a claim, as it allows both sides to get the full story from each other. During this time, the attorney would work to uncover information the client would’ve easily overlooked.
Big corporations tend to have groups of lawyers at the ready for these types of claims. An employee by themselves would have a tough time defending themselves without the knowledge of the law. Often times corporations won’t even take a claim seriously until they receive a letter from an attorney.
What should I look for in an employment lawyer?
When looking for an employment lawyer, it’s important to ask the attorney what particular field they and their company excel at. By understanding what kind of firm the attorney works for, one could get a general idea of how they could help. An experienced attorney would advise their client of their particular skill level, cost, and how many cases they’ve won. It’s important to have a good sense of what the attorney’s firm does. For example, if Monica had a sexual harassment claim against her employer, she wouldn’t want to go to a firm that mostly works with discrimination cases. Instead, Monica would want to go to a firm that has a track record of winning sexual harassment claims. By doing this, Monica would be able to feel confident in her decision in choosing the firm that specializes and has a track record of winning sexual harassment claims.
It’s also important to check the California State Bar website to see what the attorney specializes in. Searching up the attorney’s name on Google could also prove to be useful, as past clients tend to write reviews if the attorney is experienced, or not good at all. By checking reviews online about an attorney, a client could get a good idea of how the attorney works and how they treat people.
How much do employment attorneys cost?
Employment lawyers are available to clients at a range of different fees. Some attorneys charge hourly rates, while some offer flat fees. Most attorneys that charge a flat fee typically do not add trial costs into the flat fee, so it’s best to ask the attorney what exactly is covered and what is not covered when they’re charging a flat fee. Attorneys that charge hourly tend to be the more experienced attorneys. When dealing with attorneys that charge hourly, a client could expect to be charged:
Contingency fees– Many attorneys will charge contingency fees for the cases they win. The limit is different for each attorney. Courts limit how much attorneys may receive from contingency fees.
Consultation fees– Attorneys would charge a client hourly for doing work for their case, or when the client and attorney speak. Some attorneys offer free consultations, as well as answer some simple questions for free. Other attorneys charge clients every time they call or have a question.
Court costs– This includes documents that need to be printed and sent to the courts, as well as documents that need to be made official. The court charges for documents to be printed or for documents to be made official, so the client would be on the hook for these charges.
Consult with an attorney to understand what type of fees they charge, what’s included, what’s not included, and to see whether or not a claim is viable.
Contact Pride Legal
If you or a loved one have been searching for an experienced employment lawyer, look no further. We invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.