Free consultation with employment attorney Brad Nakase protects workers in San Diego against harassment, discrimination, unpaid wages, overtime violation, and misclassification.
By Brad Nakase, Attorney
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If you feel you are being treated differently because of your ethnicity, race, gender, age, religion, or disability, you may have an employment lawsuit. Discrimination creates a hostile work environment and violates federal and state labor laws. Examples of workplace discrimination include not getting hired based on your perceived race, not getting promoted based on being a female, even though you’re more qualified than the male who was promoted, or being excluded from opportunities based on your religion. Employers are prohibited from discriminating against or harassing employees based on their race, religion, gender, sexual orientation, or other protected characteristics.
Our San Diego employment attorneys have handled many discrimination cases in the past. They ensure that employees who are subjected to such conduct can pursue legal remedies under state and federal laws. Employers are also required to take reasonable steps to prevent and address workplace harassment. Under the Fair Employment and Housing Act (FEHA), protections against discrimination extend to employees experiencing unfair treatment due to disability or pregnancy.
Wrongful termination involves being let go for unlawful reasons, such as retaliation, discrimination, or whistleblowing. Retaliation claims arise when an employee is fired for exercising their rights. One example of wrongful termination is retaliatory discharge, in which an employee is fired for exercising his or her rights. An employment lawyer helps clients determine whether their termination was unjust under California law and pursue compensation for damages.
Employers are prohibited from retaliating against employees who exercise their rights, such as complaining about discrimination or harassment or participating in an investigation of such conduct. For instance, if you’ve been fired for reporting unsafe working conditions or wage violations, your dismissal may be considered wrongful under California labor laws.
Workplace harassment consists of any type of verbal or physical offensive behavior directed toward a person because of their sex, religion, race, national origin, or disability. Harassment makes people feel unsafe at work. The act of harassing can include anything from unwanted sexual advances to being threatened or assaulted and more. Even being told offensive jokes, being ridiculed, and having people use slurs against you is harassment and is illegal in the workplace.
A hostile work environment is one where the words and actions of a San Diego supervisor, manager, or coworker negatively or severely impact another employee’s ability to complete their work. Examples of workplace harassment include a coworker commenting on a woman’s body at work, sexual jokes being told to a female coworker, calling someone a racial slur, ridiculing a coworker for their sexual orientation, or making fun of someone’s ethnic background. A San Diego employment lawyer ensures these claims are addressed under both federal and state protections against harassment.
California labor law guarantees fair wages for all employees. Workers also deserve to get the wages they are promised. Wage theft includes violations such as an employer paying a worker less than federal minimum wage or labeling a worker as exempt from paid overtime when they aren’t actually doing a job that would exempt them from receiving overtime. In employment cases where a San Diego employer purposely (or accidentally) violates the law by not paying an employee their full wages, the employment law attorneys at Nakase Law Firm fights for the employee who was not paid their full wages.
Unpaid overtime is one of the most common forms of wage theft. Anyone who works more than their 40 hours in one workweek period is entitled to overtime pay. Employers are required to pay overtime to eligible employees who work more than eight hours in a day or 40 hours in a week. Some employers may try to avoid paying overtime by misclassifying employees or by requiring them to work off the clock. San Diego employment lawyers help recover unpaid wages and additional compensation for affected workers.
Retaliation occurs when employers punish employees for engaging in legally protected activities, such as reporting harassment or discrimination. While you have the law on your side, this doesn’t necessarily stop your employer from retaliating. Examples of retaliation include lowering your salary or wages, having you demoted, or assigning you to a lower-ranking position.
Employers are not legally allowed to punish you or retaliate against you if you are involved in a lawsuit against them. Retaliation claims can also arise if an employer punishes an employee for refusing to participate in unlawful conduct. A San Diego employment lawyer ensures that retaliation is documented and pursued under whistleblower protection laws.
Employment contract writing relies on complicated legal jargon you may not fully understand. Employment contracts often contain clauses addressing pay, overtime pay, allowances, medical leave, and working hours. An employment attorney can identify any clause that may negatively affect you and request changes to more favorable terms. Employment lawyers in San Diego frequently assist clients in reviewing severance packages or non-compete agreements to ensure fairness.
Hiring an employment law attorney to look over any relevant documents before taking legal action can help protect you and keep your best interests in mind. By engaging legal counsel early, employees can avoid signing agreements that may limit their rights or opportunities in the future.
An employment lawyer is an attorney who represents employees in legal disputes with their employers. Some of the specific tasks that a San Diego employment lawyer may handle include filing and litigating employment-related claims on behalf of employees, including wrongful termination, discrimination, and harassment cases. Employment lawyers in San Diego serve an important role in protecting the rights of employees and ensuring they are treated fairly in the workplace.
An employment lawyer can help provide clarity and understanding by helping you clear the confusion and comprehend what might appear to be complex employment laws. They ensure that disputes are resolved through litigation or settlement, depending on the case’s circumstances.
Misclassification of employees as independent contractors is one way employers try to avoid paying fair wages and benefits. Employers are required to pay their employees at least the minimum wage and to pay overtime to eligible employees. Wage disputes often involve violations such as unpaid overtime, missed meal breaks, or unauthorized paycheck deductions.
Work-related lawyers in San Diego are crucial in holding employers accountable for these actions. They file claims and negotiate on behalf of employees, ensuring compensation aligns with California labor law standards.
Employers are required to provide a safe and healthy work environment for their employees. If an employer allows a hostile work environment, such as one that tolerates harassment or discrimination, employees can seek help from a San Diego employment attorney. Examples of hostile work environments include repeated exposure to sexually explicit materials, racist name-calling, or other forms of intimidation that prevent employees from performing their duties effectively.
Employees subjected to such environments should document incidents and report them promptly. A San Diego employment attorney can evaluate the evidence, file claims, and pursue legal remedies to ensure accountability.
A San Diego employment lawyer helps California workers who have been mistreated, wrongfully fired, not received overtime pay, or been taken advantage of in the workplace. Whether addressing wrongful termination or hostile work environments, these attorneys fight tirelessly to secure justice and compensation for their clients. If you believe your rights have been violated, consulting a skilled San Diego employment lawyer can help you understand your legal options and take the necessary steps to protect your future.
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By: Brad Nakase, Attorney
