Pasadena Employment Lawyer

Common Employment Law Violations in Pasadena

Whether you were born a citizen of the United States or are an immigrant, the team at Nosrati Law, A Professional Law Corporation, is here to protect your rights and hold the individuals or employers who have wronged you accountable. The most common forms of employment law violations we represent in Pasadena include the following:

Wage and Hour Law

Employers in Pasadena have the duty to pay their workers fairly and fully as written in their employment contract. They also have the responsibility to allow these employees the time needed to take the required rest and meal breaks without any unreasonable interruption. If you have been forced to work through breaks without pay or have been turned down for necessary overtime pay after working overtime, reach out to a lawyer.

Wrongful Termination

Though California operates as an at-will state, meaning employers may fire you for any reason or no reason at all, these employers cannot fire you for an illegal reason. These can include reporting worker violations, discrimination, or harassment. If your termination may have been an act of retaliation, it is important that you reach out to the offices of Nosrati Law, A Professional Law Corporation, for legal assistance.

Discrimination

Under various federal and state laws and acts, such as the California Fair Employment and Housing Act and the Civil Rights Act of 1964, employees are protected from workplace discrimination based on certain characteristics or traits. These include:

• Age
• Genetic conditions
• Disability
• Race
• Religion
• Skin color
• Country of origin
• Sex
• Gender
• Sexual orientation
• Gender identity or expression
• Pregnancy

Workplace Harassment

Individuals may also suffer harassment at their Pasadena place of work based on their protected characteristics or personal traits for much the same reasons they may suffer discrimination. In some cases, this harassment might become so severe that individuals are unable to perform the necessary duties of their employment.

Worker Misclassification

In some scenarios, an employer might incorrectly classify a worker as an independent contractor rather than a company employee to:

• Avoid paying overtime.
• Ignore their own tax obligations.
• Avoid certain insurance expenses.
• Keep from carrying workers’ compensation insurance.
• Get around mandated minimum wage requirements.

This practice of worker misclassification is not only unjust, but it is also manipulative and illegal. If your employer classifies you as an independent contractor, yet you are experiencing the following signs of a company employee, you may be suffering misclassification:

• Your employer limits your control over work hours, methods, and location.
• Your employment has ongoing terms, rather than being based on certain duties or projects.
• You work exclusively for one business or company.
• You do not send invoices but rather receive a paycheck on a regular basis.
• Your employer provides you with all the tools and resources necessary for the job.

Sexual Harassment

At Nosrati Law, A Professional Law Corporation, we believe that no one deserves to suffer sexual harassment at their Pasadena place of work. This can occur when you face unwanted sexual advances from someone at your job, be they a supervisor, manager, employer, or other co-worker. Both men and women can be victims of workplace sexual harassment. There are two different types of harassment, including:

• Hostile Work Environment: This form of sexual harassment can involve acts of a sexual nature, such as unwanted touching, comments, or conduct that interferes with an individual’s ability to work. This becomes so pervasive or severe that they are no longer able to perform the duties of their employment.
• Quid Pro Quo: This form of workplace sexual harassment can occur when an individual in authority, such as a boss, employer, manager, or supervisor, offers employment benefits in exchange for sexual favors, such as a promotion or a raise. In some cases, these individuals might also threaten acts of retaliation, such as a demotion, if the sexual favors are not granted.

Retaliation

You may have faced retaliation in the workplace for reporting or refusing to participate in certain illegal behaviors or acts that would violate your or another party’s employment rights. If so, you could bring your employer to justice and seek compensation for the unfair retaliation you have faced.

FMLA Violations

The Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide eligible employees with up to 12 weeks of unpaid, job-protected leave annually for qualifying family and medical reasons, including childbirth, adoption, caring for family members with serious health conditions, or addressing your own serious health condition.

Employers cannot deny qualified leave, retaliate against employees who take leave, fail to reinstate employees to equivalent positions upon return, or otherwise interfere with these important rights. If you believe your employer has violated your FMLA or CFRA rights, contact a lawyer knowledgeable in FMLA violations.

Whistleblower Retaliation

Employers are not allowed to punish workers who report illegal or unethical behavior in the workplace. If you reported safety violations, wage theft, or other unlawful conduct and were demoted, harassed, or fired as a result, your rights may have been violated. Speak with a Pasadena employment attorney to determine your next steps.

FAQs

How Much Can You Receive in Compensation for Employment Law Violations in California?

How much compensation you can receive for an employment law violation ultimately depends on the nature and severity of the violations. In most cases, the most common forms of compensation available are those for:

• Job reinstatement
• Lost wages
• Lost benefits
• Lost opportunities
• Loss of health insurance or a retirement plan

In rare cases, you could also be awarded punitive damages.

What Are Examples of Discriminatory Acts in the California Workplace?

Workplace discrimination can take several forms in California. You may suffer termination or demotion based on certain characteristics, such as age or disability. You may also be passed over for a position or promotion due to these protected characteristics. If you may have been the victim of workplace discrimination, it is important that you reach out to an attorney today.

Can I Sue My Employer for Stress and Anxiety in California?

In California, you do have the ability, under certain situations, to sue your employer for a hostile work environment, which can include the excessive stress or anxiety you suffer as a result of having to work under these conditions. When acts of harassment or discrimination cause your workplace to become unsafe, you can file a claim for compensation.

How Long Can It Take to Settle an Employment Law Claim?

It can be difficult to estimate exactly how long it might take to settle an employment law claim in California. Each claim is vastly different and will be handled in different ways. Factors such as the complexity of your violation case, the cooperation of the parties involved, and the availability of the courts can all influence how long it will take to settle your case.