San Bernardino Employment Lawyer

Employment law is an area of legal practice that governs the relationship between employers and employees. It helps to ensure fairness and protect the rights of everyone in the workplace. From issues with wages, termination, and discrimination, navigating the nuances of employment law can be extremely overwhelming. If you are facing any of these issues or something similar at work, a San Bernardino employment lawyer can help protect your rights and win your case.

At The Law Offices of Reisner & King LLP, we fight for every employee who hires us to take on their case. We take pride in ensuring their voices are heard when they believe they are victims of a workplace violation. Once hired, our experienced team of employment lawyers takes the time necessary to understand each case in greater detail. This helps us to tailor our efforts to ensure that each client is moving forward with the most effective legal strategies possible for their case.

What Are the Most Common Employment Law Disputes?

Employment law covers many different workplace issues, with some disputes happening more often than others. However, regardless of what you are struggling with at work, understanding more about these disputes can help both employees and their employers recognize potential violations and take action.

Some of the most common disputes under employment law include:

Wage and Hour Disputes

Issues over someone’s wage and hours are one of the more frequent employment law cases that come about. These are disputes that can involve unpaid wages, improper overtime pay, and missed meal or rest breaks. It could also include scenarios where an employer intentionally misclassifies a full-time employee as a contractor to avoid paying for healthcare benefits. Any employer found in violation of a wage and hour dispute can be financially penalized.

Workplace Discrimination

Discrimination happens at work when an employee is treated differently based on a protected characteristic they possess, such as race, gender, age, disability, or sexual orientation. There are many different federal laws in place, like Title VII and the Americans with Disabilities Act, that an employment lawyer can help enforce if there is suspicion of a violation. Some common examples include biased hiring, unequal pay, or an unfair denial of a promotion.

Sexual Harassment

Another pervasive issue that happens in the workplace is sexual harassment. This involves instances at work where someone makes an unwelcome sexual advance, makes inappropriate comments, or allows inappropriate behavior to slide and contributes to a larger hostile work environment. Harassment claims often stem from an employer’s inability to address complaints or implement necessary anti-harassment policies.

Wrongful Termination

When an employee is fired for an illegal reason, like to prevent someone from whistleblowing, it can be considered a wrongful termination. Many wrongful terminations actually go unnoticed, as people believe that California’s “at-will” employment laws that allow an employer to terminate employees without cause have no exceptions. However, if the firing was directly tied to a protected activity, like reporting harassment, the employer could face penalties for the firing.

Breach of Employment Contracts

After an employment contract has been set in place, disputes can arise over breaches made by the employer. This could involve the failure to honor compensation agreements, early termination without cause, or violations of confidentiality or non-compete clauses. Hiring an employment lawyer in San Bernardino, CA can help to enforce contract terms or negotiate settlements between an employee and their employer to resolve the breach dispute.

Family and Medical Leave Violations

Employees have the right to take leave under California’s Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA). There are different qualifying reasons to take time off within each of these acts, like having or adopting a child or dealing with a serious health condition. Sometimes a dispute will arise after a family or medical leave request if an employee feels they have been denied unfairly or have been retaliated against after leave.

What Makes a Strong Employment Lawyer?

If you are looking to boost your chances of winning your employment law case, hiring an effective employment lawyer can do just that. The following considerations should all be prioritized if you are looking to secure the support you need to move forward.

Experience in Employment Law

The most effective employment lawyers have a deep understanding of the intricate web of federal, state, and local labor laws. There are so many different legal guidelines to be aware of, stemming from the Fair Labor Standards Act to California’s labor codes. The most effective lawyers know how to navigate all of these complicated regulations. This can help them to identify violations, build compelling cases, and ensure unlawful actions are held accountable.

Strong Communication Skills

Another critical quality in effective employment attorneys are their communication skills. These professionals are expected to explain complicated legal concepts to their clients in a manner that is easy to understand. They also should be skilled at drafting legal arguments for negotiations or in preparation for court proceedings. Communication skills also extend to active listening, which allows an attorney to better understand their client’s concerns.

Strategic Problem-Solving Abilities

Many employment disputes require creative solutions and highly strategic planning. The most effective employment attorneys will be able to evaluate all aspects of a case, like what risks or legal options are at play. Whether an attorney is spending time negotiating a settlement or preparing for their client’s trial, their ability to anticipate what challenges could pop up and adapt to changing circumstances is key to boosting their overall success.

Experience in Litigation and Negotiation

Not every employment dispute ends up going to court. This is often due to attorneys who understand the art of negotiation. When your attorney is skilled in negotiation, they know when to push for a settlement or when litigation is more advantageous for their client. Their ability to negotiate fair terms or represent their clients assertively ensures that no matter where a particular case ends up leading them and their client, justice will be thoroughly explored.

Empathy

Many employment law issues become extremely personal. This is especially true in cases that involve harassment, discrimination, and wrongful termination. While many depend on an attorney for their knowledge and experience, many underestimate the value of having an empathetic attorney as well. Having emotional support and reassurance from your legal team can make a huge difference in your well-being as you move forward with your case.

Staying Updated on Evolving Laws

It is very common for labor and employment laws to frequently change. This is especially true in California, where legislation is often updated to address emerging workplace issues. It is important to hire an attorney who stays informed on these changes. This proactivity will help ensure that you are able to benefit from the latest legal protections and strategies rather than facing a case delay or mistrial due to a lawyer operating on outdated information.

FAQs

Q: How Much Do Employment Lawyers Charge in California?

A: The total cost of an employment lawyer depends on the complexity of the case and how many years of experience they have. Many employment lawyers are known to work on a contingency fee basis. This means that they only collect payment if they win the case for their client. This payment will come from a percentage of the final settlement, which will be a specific percentage that is agreed upon by the attorney and client before they start working on the case.

Q: What Is Unfair Treatment in the Workplace in California?

A: Unfair treatment at work refers to any behavior or practices that create either an unequal or hostile work environment for the average employee. Some of the more common examples include acts of discrimination against someone’s protected characteristic as well as favoritism or retaliation against someone trying to do the right thing. If you believe you are being treated in such a way at work, an employment lawyer can help determine if your rights were violated.

Q: Can I Sue My Employer in California?

A: Yes, you have the right to sue your employer in California if you believe they have violated one of your rights. Some of the more common reasons why this happens are due to wrongful termination, workplace discrimination, harassment, or an issue with unpaid wages. Spend some time consulting with an employment lawyer to evaluate the strength of your case and see what their professional opinion is on what strategies can yield the greatest results.

Q: What Are My Rights as an Employee in California?

A: Employees in California have many rights they should be aware of, like having the right to work peacefully in a safe environment, be paid daily, and remain free of discrimination or harassment. The labor laws in California also mandate that employees receive so many meal and rest breaks, protections for whistleblowers, and the right to take family or medical leave. Anyone who feels they are a victim of any of these examples has the right to hire a lawyer to investigate.

Contact The Law Offices of Reisner & King LLP Today

If you are dealing with issues that might be considered a violation of your rights as an employee, contact our employment attorneys today. We would be happy to investigate your concerns and let you know if we believe there are grounds to advance a legal case against your employer.