Los Angeles Employment Attorney
It’s Your Livelihood.
Your Wellbeing at Work is Equally as Important Off the Clock.
Los Angeles Employment Lawyer
No one should have to endure discrimination, harassment, or wrongful termination in the workplace. Yet, these injustices persist, leaving employees feeling powerless and uncertain about their rights. A Los Angeles employment lawyer can provide essential guidance, ensuring your rights are protected under California’s robust employment laws.
Whether you’ve experienced unfair treatment or need assistance with contract disputes, having legal support can make all the difference. At Theory Law APC, we are committed to advocating for employees across Los Angeles. With extensive experience handling complex workplace issues, our team takes a client-focused approach to address your unique concerns. We are here to fight for justice and help you achieve a favorable outcome.
The Theory Law Process
We hold your employer accountable, so you can have one less thing to worry about and focus on getting back to what matters. The process is set up to make your life easier.
From the start to the end of your case, an employment attorney will be directly handling your case. During a free consultation, you will speak to a Los Angeles employment attorney, who will review the details of your claim and tell you whether we can help you with your case. The attorney will also speak with you about your goals and the outcome you are seeking for your case.
The attorney will then begin working on your case, which may involve
gathering information, speaking to witnesses, an investigation. Focus on your physical and mental well-being and your life, Theory Law will handle the rest. There are no hidden fees and no case initiation fees. We only get paid if you do.
Throughout the life of your case, the attorney will continue to communicate with you regarding your case. Theory Law will then work with your employer to resolve your case and form a mutually agreeable resolution. If you have been wronged by your employer, please contact Theory Law to speak with a Los Angeles employment attorney.
Common Types of Workplace Violations in California
California employees benefit from extensive workplace protections, yet violations remain a common problem in many industries. Understanding these issues can empower employees to recognize when their rights are being violated and take appropriate legal action.
Here are some of the most prevalent workplace violations in California, along with explanations of how they may affect workers and what the law provides to address them:
- Workplace Discrimination
Workplace discrimination occurs when employees are treated unfairly based on protected characteristics such as race, gender, age, religion, disability, or sexual orientation. Discrimination can affect hiring, promotions, wages, and job security.
For example, an employee may be passed over for a promotion solely due to their gender or race, violating California’s Fair Employment and Housing Act (FEHA). Employees experiencing discrimination can file complaints and pursue legal action to seek remedies and enforce their rights.
- Harassment
Harassment includes behavior that creates an intimidating, hostile, or offensive work environment, such as repeated derogatory comments, unwelcome advances, or inappropriate touching.
Sexual harassment, in particular, is a serious violation that can leave employees feeling unsafe and demeaned. Harassment is illegal under both state and federal laws, including Title VII of the Civil Rights Act. Victims have the right to report such behavior and seek protection through legal channels or workplace policies.
- Wrongful Termination
Wrongful termination happens when an employee is fired for illegal reasons, such as discrimination, retaliation, or breach of contract. For instance, firing someone for taking legally protected medical leave or reporting unsafe working conditions is prohibited.
California is an at-will employment state, but exceptions apply, especially when terminations violate state or federal protections. Employees who are wrongfully terminated can file lawsuits to recover lost wages and hold employers accountable.
- Wage and Hour Violations
Wage and hour violations occur when employers fail to comply with California labor laws, such as not paying minimum wage, withholding overtime, or denying meal and rest breaks.
Employees may also experience off-the-clock work or wage theft. California’s strict wage laws protect workers’ rights to fair compensation. Violations can result in financial hardship, but employees can recover unpaid wages and penalties through claims with the Labor Commissioner’s Office or legal action.
- Retaliation
Retaliation happens when an employer punishes an employee for asserting their rights, such as reporting discrimination or unsafe work conditions. Retaliatory acts can include termination, demotion, reduced hours, or verbal threats.
California law explicitly prohibits retaliation, ensuring employees can speak up without fear of losing their jobs. Victims of retaliation can file claims to seek damages, reinstatement, and other remedies to address the unlawful behavior.
- Denial of Reasonable Accommodations
California law requires employers to provide reasonable accommodations for employees with disabilities or religious needs, such as modified schedules or workplace adjustments.
Denying such accommodations can prevent employees from fully participating in the workplace. For example, refusing to provide a ramp for a wheelchair user or ignoring religious dress requirements violates the law. Employees who are denied accommodations can file complaints to ensure their rights are upheld and workplaces are inclusive.
- Misclassification of Employees
Misclassifying employees as independent contractors is a common tactic employers use to avoid paying overtime, benefits, and taxes. Under California law, including Assembly Bill 5 (AB5), strict rules determine whether a worker is an employee or a contractor.
Misclassified workers miss out on critical protections like unemployment insurance and paid sick leave. Employees who believe they are misclassified can file claims to recover lost wages and benefits.
- Failure to Provide Leave
Employers must provide leave under laws such as the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Denying eligible employees leave for medical conditions, family emergencies, or parental needs violates these protections.
For example, refusing maternity leave or punishing an employee for taking time off for surgery is unlawful. Workers denied leave can file complaints to recover damages and ensure their rights are respected.
Understanding these workplace violations helps employees identify unlawful treatment and take steps to protect their rights. Legal guidance can empower workers to seek justice and ensure accountability for employers violating California laws.
Direct Discrimination vs. Indirect Discrimination
Discrimination in the workplace can manifest in different forms, with direct discrimination and indirect discrimination being two key categories. Understanding the distinction is crucial to identifying and addressing unlawful treatment.
Direct discrimination occurs when an employer or coworker treats an individual unfairly because of a protected characteristic, such as race, gender, sexual orientation, or age. For example, refusing to promote an employee solely because they are LGBTQ or firing someone due to their religious beliefs are clear examples of direct discrimination. It is intentional, overt, and often easier to identify compared to indirect discrimination.
Indirect discrimination, on the other hand, is more subtle and occurs when workplace policies or practices disproportionately disadvantage a specific group, even if unintentional. For instance, a company rule requiring all employees to work late evenings could disproportionately impact single parents or caregivers, creating an unfair disadvantage. While indirect discrimination may not target individuals outright, its effects can be equally harmful.
California and federal laws, such as the Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act, protect employees from both forms of discrimination. Recognizing these distinctions helps employees and their legal advocates take the necessary steps to challenge discriminatory practices and seek justice.
Setting the Legal Stage: Federal and California Laws
Employment disputes can be complex and emotionally draining, often involving legal intricacies that are difficult to navigate alone. Whether you’re facing discrimination, harassment, wrongful termination, or wage violations, having an experienced employment lawyer on your side is essential to protecting your rights and ensuring a fair resolution.
Employment laws at both the federal and state levels are extensive and constantly evolving. A qualified attorney understands these laws, including the nuances of California’s Fair Employment and Housing Act (FEHA), and can identify violations that may not be immediately apparent. They can also help gather evidence, file necessary complaints, and negotiate with employers or their legal teams on your behalf.
Legal representation is especially crucial when disputes escalate to formal claims or lawsuits. Employers often have access to substantial resources, including lawyers, to defend against allegations. Without an attorney, employees may find themselves at a significant disadvantage.
A lawyer not only provides legal insight but also acts as an advocate during what can be a stressful and intimidating process. They help level the playing field, working to secure compensation, enforce workplace rights, and hold employers accountable. In employment disputes, having a skilled attorney can greatly improve the chances of a favorable outcome to your workplace dispute.
Why Legal Representation During Employment Disputes Is Crucial
Federal and California laws provide extensive protections against workplace discrimination, creating a legal framework that ensures fairness and equality for all employees. At the federal level, Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, and national origin. Additionally, the Equal Employment Opportunity Commission (EEOC) enforces workplace protections against sexual harassment and retaliation.
California, however, takes workplace protections a step further with the Fair Employment and Housing Act (FEHA). This state law prohibits discrimination based on characteristics such as sexual orientation, gender identity, marital status, and more. California law also provides stronger protections for employees in areas like equal pay, pregnancy accommodations, and whistleblower rights.
Employers in California are also subject to stricter requirements, including mandatory harassment training for supervisors and employees, and compliance with pay transparency regulations. These laws aim to protect workers from overt and subtle discrimination while holding employers accountable for creating inclusive workplaces.
By understanding the interplay between federal and state laws, employees can better identify when their rights have been violated and seek remedies. Employers, too, must stay vigilant to ensure compliance and foster equitable working environments.
What Is LGBTQ Discrimination?
LGBTQ discrimination refers to unfair treatment or harassment in the workplace based on an individual’s sexual orientation, gender identity, or gender expression. This type of discrimination can manifest in hiring practices, promotions, pay disparities, or in creating a hostile work environment through harassment or exclusionary behavior.
For example, an LGBTQ employee may face rejection for a promotion despite being qualified, or they might experience derogatory remarks from colleagues due to their identity. Transgender employees often face additional challenges, such as being denied access to appropriate restrooms or being misgendered by employers and coworkers.
California law explicitly prohibits LGBTQ discrimination under the Fair Employment and Housing Act (FEHA), offering protections beyond federal legislation. FEHA ensures that LGBTQ employees cannot be treated unfairly in any aspect of employment, from hiring to termination.
The U.S. Supreme Court’s landmark 2020 decision in Bostock v. Clayton County also extended federal workplace protections to include sexual orientation and gender identity under Title VII of the Civil Rights Act.
Understanding what LGBTQ discrimination entails is critical for recognizing unlawful behavior and taking steps to address it. Employees experiencing this type of discrimination should seek legal counsel to protect their rights and hold employers accountable for violations.
Los Angeles Employment Law FAQs
Q: What Does an Employment Lawyer Do?
A: An employment lawyer assists employees and employers with workplace-related legal matters. This includes handling disputes such as wrongful termination, workplace discrimination, harassment, and wage violations.
They also draft, review, and negotiate employment contracts, severance agreements, and non-compete clauses. An employment lawyer ensures your rights are protected and helps navigate the complexities of labor laws.
Q: When Should I Contact an Employment Lawyer?
A: You should contact an employment lawyer as soon as you suspect a workplace issue involving legal violations. This could include wrongful termination, discrimination, harassment, or wage disputes. Consulting a lawyer early can help preserve evidence, clarify your rights, and ensure you take the proper steps. Acting promptly can make a significant difference in resolving your case effectively and preserving important evidence that supports your claim.
Q: Can an Employment Lawyer Help With Discrimination Cases?
A: Yes, an employment lawyer can help you navigate discrimination cases by identifying violations, gathering evidence, and filing claims with the appropriate agencies, such as the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department. They can also represent you in negotiations or lawsuits to seek compensation and hold your employer accountable for discriminatory practices.
Q: How Much Does an Employment Lawyer Cost in California?
A: The cost of an employment lawyer in California varies depending on the complexity of the case and the lawyer’s experience. Some lawyers charge hourly rates ranging from $200 to $500, while others work on contingency, meaning they only get paid if you win your case. It’s essential to discuss fee structures during your initial consultation to understand costs.
Q: Can I Bring a Lawyer to an HR Meeting?
A: Yes, you can bring a lawyer to an HR meeting, but it depends on the situation and your employer’s policies. In cases involving legal disputes or investigations, having your attorney present ensures your rights are protected and helps you navigate the conversation effectively. Informing your employer beforehand is typically recommended to avoid surprises during the meeting.
Schedule Your Los Angeles Employment Lawyer Consultation Today
Facing workplace challenges such as discrimination, harassment, or wrongful termination can feel overwhelming. A Los Angeles employment lawyer can provide the support and legal guidance you need to protect your rights. At Theory Law APC, we are committed to helping employees navigate California’s complex labor laws and fight for justice.
Whether you’re dealing with wage disputes, retaliation, or workplace accommodations, our team is here to offer personalized, compassionate representation tailored to your case. Don’t face these issues alone. Have you been wronged by your employer? Please call Theory Law at (310) 818-7629 to speak with a Los Angeles employment attorney.
How Can Theory Law Help You?
If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.
Holding Employers Accountable
From the start of your case, Theory Law holds employers accountable by providing aggressive representation. Should it be necessary to go to court for your case, we will professionally and aggressively advocate your rights.
No FEE Gurantee
Theory Law will not charge you any attorney fees if you do not get paid a recovery for your case. Unlike some other firms, you are not charged for any case opening fees or attorney retainer fees.
Theory Law Difference
Our growth and success are in large part from putting people first. We care about you, and we are not afraid to go to trial to get you the maximum settlement. Others may leave more money on the table.