Practice Areas
We provide our clients with legal services in all aspects of labor and employment law. Scroll below to see just a few of the areas we represent employees in.
List of Services
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Wrongful Termination
Most employment relationships in California are “at will,” which means an employee can be dismissed at any time, for any reason. However, employees who are fired in violation of an employment contract, for discriminatory reasons, or for exercising certain legal rights may have a wrongful termination claim. Termination based on any of the following would possibly be unlawful: physical or mental disability; use of Family Medical Leave; pregnancy; pregnancy or maternity leave; race or national origin; religion or religious practices; gender; age (over the age of 40); sexual orientation; gender identity; or complaints of workplace health and safety.
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Pregnancy Harassment & Discrimination
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. It is unlawful to deny an employee medical time off due to pregnancy. If an employee is disabled by pregnancy, childbirth, or related medical conditions the employee is entitled to take a leave for a reasonable period of time not to exceed four months and thereafter return to work under California’s Pregnancy Disability Leave Laws.
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Sexual Harassment
There are many forms of sexual harassment at the workplace. Some forms of sexual harassment include physical harassment (unwanted touching), verbal or written harassment (inappropriate e-mails or texts), visual harassment (inappropriate pictures or gestures), and unwanted sexual advances. Sexual harassment can also come in the form Quid Pro Quo harassment, where a supervisor asks an employee to engage in sexual activity as a condition of receiving some form of benefit at work.
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Sexual Orientation Harassment & Discrimination
California law prohibits employers from mistreating an employee or refusing to hire a job applicant because of the actual/perceived sexual orientation or gender presentation or gender identity of the employee/applicant.
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Disability Harassment & Discrimination
California law prohibits employers with five or more employees from harassing and discriminating against an employee based on their actual/perceived physical or mental disability, Medical condition, or Genetic condition. To qualify for protection, the employee must be able to perform the job’s essential functions. If an employee requires an accommodation to do their job, the employer has a legal obligation to provide it, unless doing so would be an undue hardship.
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Race/National Origin Harassment & Discrimination
California law prohibits employers from mistreating an employee or refusing to hire a job applicant because of the race or national origin of the employee/applicant, or because of characteristics associated with a particular race or national origin, such as hair color, skin color, or facial features.
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Retaliation
It unlawful to retaliate against a person “because the person has opposed any practices forbidden under the Fair Employment and Housing Act ("FEHA") or because the person has filed a complaint, testified, or assisted in any proceeding under FEHA. There must be a causal link between the retaliatory animus and the adverse action
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California Family Rights Act
The California Family Rights Act (CFRA) authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period. While on leave, employees keep the same employer-paid health benefits they had while working. Eligible employees can take the leave for: the birth of a child or adoption or foster care placement of a child; to care for an immediate family member (spouse, child or parent) with a serious health condition; and when the employee is unable to work because of a serious health condition Further, it is an unlawful employment practice for an employer to, among other things, discriminate and retaliate against any individual because of an individual's exercise of the right to family care and medical leave.
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Whistleblower
An employer may not: make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower; retaliate against an employee who is a whistleblower; retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation; and retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.
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Unsafe Workplace Violations
Employers must provide and safe and healthy workplace for all its employees. Furthermore, employers may not retaliate against employees for complaining about an unsafe workplace.
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Meal and Rest Break Violations Under California labor law
Employers must allow their employees to take an uninterrupted 30-minute meal break (unpaid) after every five (5) hours of work. The meal break must start before the end of the fifth hour of the employee’s shift. Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. Employers must also allow employees to take a paid ten-minute rest break for every four hours worked (or major fraction).