Employment Lawyer near Whittier, CA
CA laws provide many ways to protect employee rights. These laws prohibit employers from wrongfully terminating their employees. The determination of what is “wrongful termination” will require a detailed assessment of what happened. If you feel that you have been mistreated or retaliated against, contact us for a free consultation.
One example of why an employer cannot fire you is for complaints about unpaid wages. This is further discussed below.
Whittier, CA Wrongful Termination Lawyer
More than 87,000 people call Whitter, CA home. A community built on the foundations of hard work and booming industry, Eldessouky Law proudly advocates for the rights of our workers and ensures they have a trusted resource for questions and assistance about their conditions of employment.
The California Labor Laws are very clear. They require employers to ensure that workers’ rights are protected in their workplace and when any conditions exist that are injurious to our clients, they must act to end these immediately.
The California Labor & Workforce Development Agency provides the guidelines by which employers must abide. When any of these companies, big or small, fail in their obligations to our clients, it is our Whittier, CA employment lawyer’s duty to hold them accountable.
Top Employers in Whittier, CA
This community prides itself on the exceptional earning and employment opportunities it provides our residents.
Some of the largest employers in Whittier, CA include:
- Presbyterian Intercommunity Hospital: 2,600 employees
- Whittier Union High School District: 950 employees
- Whittier Hospital Medical Center: 850 employees
- Whittier City School District: 720 employees
- City of Whittier: 621 employees
- United States Postal Service: 360 employees
- Bright Health Physicians: 300 employees
- Ralph’s: 270 employees
- Los Angeles County employees
It is the responsibility of all these employers to ensure that employee rights are respected in their workplace. If your employer is failing in this duty or exposing you to an unlawful environment, contact our employment law attorney in Whittier, CA for an understanding of your rights and options for redress.
Employment Law Practice Areas in Whittier, CA: Eldessouky Law
Our employment law practice at Eldessouky Law is focused on the following areas:
- Hostile work environment claims
- Retaliation claims
- Severance agreements, protection and enforcement
- Sexual harassment
- Wage and hour claims, including overtime pay inconsistency claims
- Wrongful termination
No matter what you are experiencing at work, California employment laws are designed to protect you and give you options for recovery from the harm done to you. If you are experiencing unlawful activity at work, we want to know about it. Schedule a free consultation with Whittier employment law attorney, Mohamed Eldessouky, who can provide the exceptional legal representation you need to fight for your rights.
Fighting Discrimination at Work
California employment laws prohibit discriminatory practices in the workplace. California’s Fair Employment and Housing Act (FEHA) prohibits discrimination against an employee on the basis of any of the following:
- Age (40 and above)
- Ancestry or national origin
- Disability, whether mental and physical
- Gender identity or gender expression
- Genetic information
- Marital status
- Medical condition, including pregnancy
- Military and veteran status
- Race or color
- Religion or creed
- Sex or gender
- Sexual orientation
The California Department of Fair Employment and Housing routinely publishes guidelines and conducts investigations to ensure that employees do not suffer unlawful action on any of these grounds.
Unfortunately, discrimination is often a subtle thing. It may not always be apparent and can continue for long periods under the cloak of a neutral workplace policy or a legitimate “performance review”.
California courts have also recognized this and are of the view that discrimination is usually circumstantial. They state that “direct evidence of intentional discrimination is rare and… such claims must usually be proved circumstantially”. Sandell v. Taylor-Listug, Inc. (2010) 188 Cal.App.4th 297, 307 [115 Cal.Rptr.3d 453]
Some of the acts that may amount to discrimination in the workplace include:
- Consistently refusing to consider you for a promotion even when your performance merits it and promoting your peers or juniors instead
- Making derogatory comments about you
- Treating you differently from other employees
- Choosing to only hire people from a certain region or nationality
- Terminating your employment on the basis of trumped up wrongs
- Racist or sexist behaviour at work
- Refusal to intervene when other employees engage in these acts against you
Disparate Impact or Disparate Treatment
Discrimination at work may be a product of disparate impact or disparate treatment. Disparate impact means that the employer enforces workplace policies that affect a person or group of persons differently from other employees, due to certain protected characteristics they possess.
In these situations, the workplace policy may be facially neutral but still have a disproportionate adverse effect on members of the protected class. Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 354, fn. 20 [100 Cal.Rptr.2d 352, 8 P.3d 1089]
An employee that alleges discrimination on the basis of disparate impact will usually be required to show:
- That the defendant is an employer or covered entity under the anti-discrimination laws
- That he or she was an employee in the defendant’s company or applied for a job there
- That the defendant had an employment practice or selection policy that had a disproportionate adverse effect on a protected group
- That the he or she is a member of that protected group
- That he or she suffered harm
- That the defendant’s employment practice or selection policy was a substantial factor leading to the harm he or she suffered. California Jury Instructions CACI 2502
When disparate treatment is alleged, it means that the employer treats certain groups or people less favorably than others because of their race, color, sex or other protected characteristic. Mixon v. Fair Employment and Housing Com. (1987) 192 Cal.App.3d 1306, 1317 [237 Cal.Rptr. 884]
To establish that discrimination on the basis of disparate treatment has occurred, an employee is usually required to prove that:
- The defendant is an employer or covered entity under the anti-discrimination laws
- He or she was an employee in the defendant’s company or applied for a job there
- The defendant discharged or refused to hire him or her; or
- The defendant subjected him or her to an adverse employment action; or
- The defendant constructively discharged him or her
- The his or her protected status was a substantial motivating reason for the defendant’s conduct
- That he or she suffered harm
- That the defendant’s conduct was a substantial factor leading to the harm he or she suffered. California Jury Instructions CACI 2500
Wage and hour violations in Whittier, CA
Under California law, especially the Fair Labor Standards Act, you have a right to full and fair compensation. When any employer adopts policies or engages in behavior that deprives you of your lawful pay, you have a right to protest.
The US Department of Labor (DOL) frowns heavily at employers who cheat their employees of pay they have earned. The DOL’s Wage and Hour Division routinely investigates violations of these laws. In this case, a Whittier company was fined #309,000 for failing to pay its workers overtime for more than 2 years.
If your employer is depriving you of your fairly earned pay, call our employment law attorney today. We want to hear your story
Contact Whittier Labor Attorney, Mohamed Eldessouky, To Understand Your Rights
If you believe you are being discriminated against in any capacity, you may have a case against your employer. Contact our employment lawyer in Whittier, CA today at (714) 598-2390 for a free consultation.