An Experienced Employment Law Lawyer Can Make It Right

We all need our jobs, but what if you are a victim of mistreatment at work? Or facing a wrongful termination? How about discrimination because of your race or disability? What then? Speaking with an employment law attorney sooner than later can make a significant difference in your level of stress about your job.

At McMurray Henriks, LLP, our attorneys are passionate about righting wrongs for our clients in Los Angeles and throughout California. We have experience with employment and labor law. We can help you with:

• Discrimination
• Harassment
• Wage and hour claims
• Mistreatment
• Wrongful termination
• Failure to hire
• Other employment law matters

Find out what our employment lawyer can do for you. Call our office today to initiate your free consultation.

Wrongful Termination Can Be Confusing

California’s workforce is the largest in the nation. The state’s labor and employment laws protect employees from a wide wage of potentially illegal employer practices. Wrongful termination is a bit confusing because your employer can fire you at any time, for any reason. However, your boss cannot fire you for an illegal reason.

It goes like this: Employers hire their workers for jobs “at will.” This means employers can let employees go at any time and for any reason, as long as it is not for a discriminatory, retaliatory or any other unlawful basis. Likewise, employees are free to leave their jobs at any moment without needing to give a reason or notice.

What Are Illegal Reasons For A Job Termination?

• Discrimination: Employers cannot fire you because of your race, color, national origin, sex, gender identity, sexual orientation, religion, disability, age (40 and older), pregnancy or genetic information. These characteristics are protected classes.
• Retaliation: Did you file a complaint about workplace harassment? Discrimination? Did you report a safety violation? How about participating in an investigation? These activities have lawful protection. It is illegal for your boss to fire you in retaliation for doing so.
• Violation of public policy: Did you refuse to engage in illegal activities at work? Or did you take time off for jury duty or use family and medical leave? Your boss cannot fire you for any of these reasons. Employees cannot be subject to termination for reasons that violate public policy.
• Contract violations: Do you have a written, oral or implied employment contract with the terms and conditions of your employment? Terminating your employment in violation of your contract could be wrongful termination.

If your boss wrongfully fires you, you could receive various forms of compensation, including lost wages, back pay and reinstatement to your former position. In some cases, the court will order punitive damages as well. Have you lost your job because you:

• Filed a workers’ compensation claim?
• Reported a violation of OSHA safety standards?
• Requested reasonable accommodation for a disability?

What happens now? To pursue a wrongful termination claim, you typically start by filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), depending on the nature of your claim.

Did your boss fire you for a discriminatory reason? Contact McMurray Henriks, LLP, in Los Angeles. Our employment law attorney is here to provide answers and legal counsel on your next steps.

Does California Have Mistreatment At Work Laws?

California has robust laws to protect employees from mistreatment at work. These laws aim to create a fair, safe, and respectful working environment for all employees. Key legislation includes:

• The Fair Employment and Housing Act (FEHA), which prohibits discrimination based on race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, disability, medical condition, genetic information and age.
• The California Labor Code ensures fair wages, safe working conditions, and protection against retaliation for reporting violations.
• The Occupational Safety and Health Administration (OSHA) enforces safety standards to prevent workplace hazards.
• The Whistleblower Protection Act safeguards employees who report illegal activities or unsafe conditions.

Employees who face mistreatment can file complaints with the California Department of Fair Employment and Housing (DFEH) or the Division of Labor Standards Enforcement (DLSE). Legal remedies may include compensation for lost wages, emotional distress and punitive damages.

Is Failure To Promote Illegal?

The state’s labor law mandates that employment decisions, including promotions, must be free from discrimination. Failure to promote an employee based on a protected characteristic is considered unlawful discrimination. If the failure to promote is based on merit, performance, qualifications or other legitimate business reasons, it is typically not considered illegal. However, speaking with our California employment law attorney can help you understand if your specific case qualifies for a potential claim of discrimination.

Failure To Hire

California has specific laws and regulations to address issues related to employment practices, including “failure to hire” claims. These laws promote equal employment opportunities and protect individuals from unfair hiring practices.

Anti-discrimination laws protect job applicants from discrimination and ensure fair hiring practices. Employers must also provide reasonable accommodations to job applicants with disabilities unless doing so would cause undue hardship.

If you believe your potential employer did not hire you because of a discriminatory reason, you may file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate the complaint and may take action if it finds evidence of discrimination.

If you successfully prove a failure to hire claim based on discrimination, you may be entitled to back pay, compensation for emotional distress, punitive damages and attorney’s fees.

Call 323-931-6200 For Legal Help

If you or someone you know believes they have experienced a failure to hire due to discrimination, consult with our employment lawyer at McMurray Henriks, LLP, in Los Angeles. If you prefer, please send us an email using our convenient online form. Free consultations. No fees unless we win your case.