An employer-employee relationship almost always involves some power disparity.
An employer has the power to:
If you are an employee facing an issue with your employer, the experienced & skilled attorneys at JML Law are here to help you. Contact us for your free consultation.
In California, a strict labor code complements federal law to ensure that employers are not permitted to abuse their powers. This is not to say that abuses never occur. On the contrary, violations of employment law are somewhat common.
Employees who have lost their jobs or been mistreated when their employers violated the law can often seek reinstatement or compensation by filing claims or lawsuits. When doing so, they should keep in mind that proving an employer has broken the law can often be very difficult without access to the proper resources.
Don’t assume this means you should not take legal action if you believe your employer has wronged you. It simply means your chances of winning your case will be much greater if you have professional assistance from legal experts who have experience handling cases like yours.
That is exactly what you will find at JML Law. Our California employment law attorneys are well equipped to offer the aggressive representation you deserve in these circumstances. We will review your case for free, answer any questions you may have about your case, and help you hold an employer accountable if it appears they have violated employment law.
Again, California’s Labor Code is very worker-friendly. Its various laws and provisions are among the strongest in the entire country in regard to the degree to which they prioritize the rights of workers.
Unfortunately, some employers ignore the law. The following are several examples of how they may do so:
Regardless, employers and hiring managers are human beings. That means they may be biased against certain types of applicants. For instance, an employer may believe that older job applicants will be less likely to thrive in certain roles when compared to younger applicants. This may result in a pattern of denying jobs to candidates over a certain age.
Just as employers cannot allow bias to influence their hiring decisions, they must also not allow their personal biases to play a role in their decisions to terminate employees.
Again, laws don’t always stop all employers from engaging in illegal behavior. Some employers do fire workers for discriminatory reasons.
Of course, if an employer is accused of discrimination after terminating a worker, they almost certainly won’t admit they were in the wrong. It’s far more likely they will fabricate a reason an employee was fired.
This highlights the importance of enlisting a California employment law attorney’s help when filing a claim or lawsuit against an employer who you believe has broken the law. To prove that you have a valid case it will often be necessary to conduct a thorough investigation. This is a task the experts at a California employment law law firm can assist you with.
Retaliating against employees
Both California law and federal law protect the rights of employees who may report their employers for unsafe, unethical, or illegal practices. Additionally, if law enforcement agencies or regulatory groups are already investigating a company for wrongdoing, employees should feel comfortable cooperating with investigators if they are asked to do so.
It is illegal for an employer to retaliate against any employee for being a whistleblower or cooperating with an investigation. Regardless, workplace retaliation is a consistent problem across a range of industries.
Retaliation in the workplace can take many forms. They include (but are not necessarily limited to) the following:
It is not always clear whether an employer has engaged in retaliation. If you suspect that your employer has retaliated against you for reporting them to law enforcement or regulatory agencies, review your case with the team at our California employment law firm. We will help you better understand your legal options in these circumstances.
Be aware, this is not an exhaustive list. The best way to determine if your employer’s conduct or actions
qualify as violations of state or federal employment laws is to discuss these matters with professionals.
California law requires nearly all employers operating in the state to purchase workers’ compensation insurance. Through workers’ comp insurance, employees can seek financial compensation for economic losses sustained as a result of work-related injuries or illnesses. Examples of such losses include medical bills and lost wages.
However, employees don’t always immediately receive the workers’ compensation benefits for which they’re eligible when they file claims. Insurance companies, in an attempt to minimize their financial losses, will sometimes deny claims by arguing that claimants were injured or developed medical conditions when they were off-the-clock. Even if an insurer doesn’t deny a claim entirely, their goal may be to settle for less than a claim is worth.
It’s wise to hire a lawyer when seeking workers’ compensation benefits. A California workers’ compensation attorney can assist you by:
At JMl Law, our California personal injury attorneys also offer representation to those who’ve been injured as a result of others’ actions or negligence. Types of cases we handle include (but aren’t limited to) the following:
A California personal injury attorney can improve your chances of winning a case by:
Pursuing compensation when you’ve been injured due to someone else’s negligence involves filing a claim to collect from their insurance. It may be necessary to file a lawsuit and seek damages in court if the negligent party is uninsured or if their insurer won’t offer a fair settlement.
Regardless, before you can take legal action, you must accurately identify the liable party and gather evidence showing you were harmed as a result of their negligence. This may require conducting a thorough investigation into your accident. A California personal injury lawyer has the expertise and resources necessary to conduct such an investigation.
When you file a claim for workers’ compensation benefits, you can only seek compensation for economic losses, such as medical bills. That’s not necessarily the case when you file a personal injury claim or lawsuit. Along with pursuing compensation for medical bills, lost wages, and other such economic losses, you may also seek compensation for non-economic losses, such as pain and suffering.
A lawyer can’t promise you will receive a specific amount of money when your case is resolved. However, they can account for all your compensable losses to prevent the insurance company frm convincing you to settle for less than your claim is worth.
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Depending on your specific goals and situation, filing a claim or lawsuit against an employer could result in reinstatement to a job that you have lost, receiving compensation for back pay or other such losses, and more.
Do not hesitate to pursue justice if you have strong and legitimate reason to believe that an employer has broken the law in some capacity. When employers who break the law are held accountable, they tend to be less likely to violate employment law in the future. By taking action against an employer for their wrongdoing you are protecting both current and future employees at the company from being victimized in the same way that you may have been.
