employment law

Employment Law Litigation in California

Employment litigation involves legal disputes between employees and employers and covers a wide range of legal issues. Many states, including California, have “at-will” employment laws, allowing employers to terminate an employee for almost any reason or no reason at all. However, these laws also have limitations. For example, federal and state laws prohibit employment discrimination based on certain protected characteristics. In such situations, seeking assistance from an experienced employment law attorney can help you navigate issues with your employer, employee, or administrative agencies.

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What Is an Employment Law Attorney

Employment law attorneys have a thorough understanding of labor laws and regulations. They handle issues concerning minimum wage, overtime, and other compensation matters, playing a critical role in protecting the rights of workers. These attorneys can also assist companies and other organizations in safeguarding themselves against legal claims by providing comprehensive services to help them draft, revise, and update employment policies, practices, and regulations to create a workplace where employees can thrive.

Wrongful Termination

Although most states allow an employer to terminate a worker for almost any reason, there are certain limitations that, if violated, can lead to a wrongful termination lawsuit, such as the following:

  • If a contract indicates the terms of employment and the employer violates the contract, the employee can pursue legal action against the employer
  • There are laws that prohibit employers from terminating individuals because of their religion, sex, race, and other protected characteristics
  • An employer cannot fire an employee if they blow the whistle on illegal conduct
  • There are certain public policies that prevent an employer from firing another individual

Employment Discrimination 

Employers are prohibited by law from discriminating against employees based on protected characteristics. This means that intentional discrimination is not allowed when making decisions about layoffs, promotions, pay, benefits, training opportunities, and termination.

Workplace Harassment 

Harassment is a form of workplace discrimination prohibited by federal and state laws. While harassment can target any protected characteristic, most commonly, it is associated with sexual harassment. However, an employee can file a lawsuit if harassing behavior creates a hostile work environment through jokes, insults, slurs, name-calling, mockery, assaults, or offensive imagery.

Sexual Harassment

In the workplace, sexual harassment is referred to as any unwanted physical, verbal, or nonverbal behavior of a sexual nature that results in a hostile, intimidating, or offensive work environment. In California, this harassment is illegal and can lead to legal repercussions. Some of the more common examples of sexual harassment in the workplace include making jokers or stories of a sexual nature, making lewd comments, engaging in appropriate contact, sharing images, emails, or videos that are sexually explicit, making repeated requests for dates despite being denied or making unwelcome advances.

Contact the Employment Law Lawyers at Herrera Clifton Hess To Learn More About Employment Law Litigation In California

At Herrera Clifton Hess, our experienced employment law lawyers help employers and employees through various legal issues. For instance:

How Our Legal Team Can Help Employers

Our skilled and dedicated legal team is focused on protecting businesses from claims and actions while ensuring employee satisfaction. Our services included employee handbook drafting, litigation defense, general consultation services, internal investigations, sexual harassment policies, and employment and separation agreements. 

How Our Legal Team Can Help Employees

At Herrera Clifton Hess, our experienced employment law lawyers handle various employment matters on behalf of an employee, including wrongful termination, wage and hour disputes, sexual harassment, hostile work environment, and retaliation. 

If you would like further information about employment law litigation or how our skilled lawyers can help you, contact Herrera Clifton Hess today, and let us provide you with the answers you need.