It is possible for a person to file a lawsuit against their employer when they retaliate against their employees. There are a number of common illegal employer practices that labor laws protect against; so that employees do not suffer from illegal practices or threats of being fired. People usually know when something just does not feel right at work, and many employees wonder if reporting illegal employer practices can get them fired.
You can sue the employers if this happened to you:
• Your employer told you that your job would be eliminated if you complained
• You were fired because you reported a wrongdoing by your employer
• Your position was threatened if you criticized the actions of the employer
Employees are protected by labor laws. According to the labor laws in California, your employer cannot fire you for reporting illegal acts performed by the employer. If you have been fired for speaking up, or your job was eliminated after reporting a wrongdoing by your employer, you may want to talk to a lawyer.
Our employment attorneys can help you:
• Sue your employer for wrongful termination.
• Collect unpaid wages for overtime or misclassification as a 1099 independent contractor or hourly.
• Return to your job after your employer terminated you for speaking up.
• Return to work after taking leave and being told that your position was eliminated.
How to Fight Against Wrongful Termination When You are Fired or Laid Off
Wrongful terminations can occur when someone complains about their workplace, wages, or activities performed outside of the workplace. Someone acting as a whistleblower may be terminated for their actions, but it is not legal to do so. Even if the employee is an “at-will” employee, employers have laws that they must follow when they terminate someone.
Other illegal employer practices include: asking an employee to break a law, retaliation, barring an employee from taking leave or participation in jury duty, terminating due to a disability, and violating your health & safety. For example, a UPS worker who is required to lift heavy boxes at work, after their doctor restricted lifting during an injury recovery period, is a case where the employer is violating health & safety.
If you or someone you know is working for an employer that believe to act illegal call us and let our wrongful termination lawyers help seek compensation for you. Even if you have not been terminated and you fear termination or retaliation a wrongful termination attorney can assist you.
Discrimination – How to Identify Discrimination at Work
The Federal Equal Employment Opportunity Laws (EEO) protects employees and potential employees from discrimination on the basis of race, sex, age, and religion among other discriminatory factors. Our lawyer for labor laws can help you determine if you were discriminated against during the application process, during a promotion, while an evaluation was being performed, or during the course of your employment with an employer.
Sexual Harassment – How to Identify Sexual Harassment at Work
Sexual harassment is the most common case that our employment lawyers deal with. Our experienced lawyers for labor laws can evaluate your case and advise if sexual harassment has occurred at the workplace or during the employment period. Some common signs that result in a sexual harassment lawsuit include harassment because of sex, gender, pregnancy, childbirth, or even medical conditions. It is defined as unwanted sexual, visual, verbal, or physical contact that is of a sexual nature. For example, comments about appearance or any unwanted advances could be construed as harassment.
Fair Pay and Time Off Work – Minimum Wage Rules and Exceptions
The Fair Labor Standards Act (FLSA) sets the standards of fair pay for employees. It helped to establish the minimum wage rate. Even if you are paid at a fixed rate or salary, it should match the State minimum wage standard; the hours you work divided out by your pay should equal at the very least minimum wage. Employees that work on commission are paid differently however they are still protected by this law. If an employee is paid by commission, employees are still required to ensure their commission equals minimum wage for the hours they work. The exception is employees that are paid by tips; the law allows them to get paid less than minimum wage. A sales representative is an example for a commission paid only, compared to a waitperson, an example of someone making tips. A sales representative (commission paid) must be paid no less than the minimum wage for time worked, as opposed to a waitperson, who can legally make less than the minimum wage for hours worked.
FLSA also sets standards for paid for time off. In some states, employers are required to pay employees if they are serving jury duty, voting, or taking family medical leave.
If you believe you are facing any unfair practices at work or by your employers, contact our employment lawyer immediately. We will get you compensated. We offer free case evaluation.