Laguna Niguel Employment Attorneys
Bisnar Chase's Laguna Niguel Employment Lawyers offer help and advice for victims of unfair treatment in the workplace.
Many people are afraid to file workplace lawsuits because they believe they will be targeted for retribution, hard feelings on the part of other employees, and even possible firing. While this can sometimes be true, a good Laguna Niguel employment attorney can show you the ways in which you can protect yourself from unfair practices and from repercussions for bringing those practices to light.
For over 40 years The Personal Injury Law Firm of Bisnar Chase has been representing employees and continues to protect employees against labor and employment violations.
Call today for a free consultation and be one of the many clients who we have won millions in compensation for their wrongful termination case.
Contact us today at 949-203-3814.
Tips on What to Do After Being Let Go in Laguna Niguel
Being let go from a job is difficult. Countless questions such as "How will I pay my bills?" or "Will I be able to support my family" come into play. If you have been wrongfully dismissed, you have the right to explore your legal options. Before seeking legal advice though, there are immediate steps that you can take after being terminated that will serve as beneficial for your employment case for the long run.
After you have been wrongfully terminated...
- Stay calm: When you stay calm you are not only able to think clearly but you can pause on what actions to take next. A person who has just been fired knee jerk reaction may be to shout or be defensive. Although many would feel the need to do that, it is strongly recommended that you don't. Before an employer terminates you from a position, at times you could be offered a severance package which can help you pay for expenses while you are seeking new employment. Yelling profanities and being aggressive can detour an employer from financial negotiations after termination. Ending on bad terms with your past employer could also affect your future employment if asked for references.
- Revisit your employee contract: At the start of your employment, you may have been presented with a multitude of documents. One of the documents that may be included is an arbitration agreement. It is very important to recognize, read and remember whether you signed one. An arbitration agreement when signed, states that you will not take legal action against the company if an employment dispute occurs. If you did sign an arbitration agreement and you are still set on taking action against your employer, it can be handled in arbitration which is a process conducted outside of a court of law.
- Ask for a copy of your employee file: Depending on what state you live in, if you have been let go you have the right to ask for your personnel file. Your employee personnel file possibly can contain information such as your job offer letter, description of your job position and a signed employee handbook. Providing your Laguna Niguel employment attorney with your personnel file can prove if your employer breached any aspects in your contract.
- Turn in all company property and follow the proper procedures after being let go: The last thing that you want in a lawsuit is a company claiming that you took an important entity that could possibly ruin the company's reputation or finances. Company property is not solely a physical object such as a book or a car, but it can also be information. If you have signed a confidentiality contract upon your employment you are legally bound to not reveal any information about the company. It is best to stay quiet until you meet with a lawyer.
- Seek legal representation: If you believe you have been wrongfully let go and are certain that your previous employer violated any aspect of your contract contact the law firm of Bisnar Chase. Our experienced Laguna Niguel employment lawyers will review every detail of your case to win you the compensation you deserve. Our attorneys know that going up against an employer can be intimidating. We will be there every step of the way to inform you of what is going on in your case and reassure you that everything will be okay. Contact our law offices today at 949-203-3814 for a free case analysis.
All About Class Action Lawsuits
Employment class action lawsuits usually involve one or more employees filing a claim against a company. The number of claimants that usually file for a class action lawsuit is 30 or more workers. The employer would have to have violated employment laws on all of the employees who are filing for the claim.
It is possible for one person to file for a class action lawsuit but legal experts state that having more claimants can prove facts and can present a constant pattern of issues that were experienced. Federal and state laws require that employers do right by their workers and have enforced this through California labor laws. California labor laws are utilized to protect employees from organizations such as big corporate companies.
Information on Different Types of Laguna Niguel Work Claims
After being wrongfully terminated, you may be wondering if you have the makings of an employment lawsuit. Employment law involves various kinds of situations. Below are the most common types of work claims filed.
Wage and hour claim: It is very common for employers to accidentally or deliberately misinterpret the wage and hour laws and work employees too much or pay them too little. California wage and hour laws order employers to give workers who are hourly at least a 30-minute rest break if they are working more than a five-hour period. If an employee is working 10 hours or more a day, they a required to have at least a one hour or two 30-minute meal breaks. If your pay has been affected by your employers such as having your pay deducted or are not being paid for off-the-clock work you can claim a wage and hour violation.
Disability discrimination: If a person has certain job duties assigned to him or her, they must be able to perform those duties to the best of their ability. For people with disabilities, for example, there are certain types of jobs that may be difficult to perform. If an employer fires an employee for not being able to perform a job prohibited by a disability, that employee may have grounds for an employment lawsuit. In 1990, Congress passed the Americans with Disabilities Act which functions to protect disabled employees in the workplace. Disabilities under this act include a person who is living with a mental or physical impairment. Any employer that fires a worker based on their disability such as being in a wheelchair or is deaf and their ailment DID NOT affect their performance, the employee wrongfully discharged has the right to speak to a wrongful termination lawyer.
Sexual harassment: The third type of employment lawsuit is a harassment lawsuit. Harassment is defined as a pattern of conduct designed to intimidate or harm someone. People are harassed at work every day, and many fail to report the harassment because they fear the harasser or because they are worried about what others will think. Common types of harassment include intimidation to prevent an employee from seeking a promotion or raise, sexual harassment by a co-worker or supervisor, and physical harassment, including assault. No one should be made to feel afraid at work, but unfortunately, many people are terrorized by someone with the intent of making them fearful and compliant. Most harassers use intimidation to force their victims to do something that benefits the harasser. If an employee has attempted to solve the problem through proper channels at work and the problem is not resolved, it is time to talk to an employment attorney in Laguna Niguel about the issue.
Retribution for whistleblowers: A worker who reveals that their employer is involved in any action that is illegal, an abuse of power or is harassing an employee is known as a whistleblower. At times, supervisors or managers who were found to be acting irresponsibly in their position may retaliate against the employee who notified upper management. Employers may create a hostile environment or retaliate by stating that the employee lied in order to take a higher position. If done so, this is illegal. Under the Whistle Blower Protection Act, it is prohibited that employers take action against a whistleblower. If an employee does feel as though they are facing retaliation, then they may file a Retaliation Report and employers may be severely disciplined for their wrongdoings and their retaliation.
Misrepresentation: If you were promised certain benefits when taking a position such as bonuses to pay, commission or promotions but the employer did not follow through with these promises the employer then misrepresented or deceived the employee. Potential employees may move their families a great distance or leave an already stable financial income based on these promises. When the employer does not follow through with these promises the employee may suffer financially and emotionally from the results the employer failed to provide. The employee can prove that they were lured under false pretenses by providing an offer letter or job posting stating the benefits that were agreed upon. Misrepresentation can fall under employment fraud and is illegal. If you feel as though you have been misled as an employee, it is strongly suggested to seek an expert in employment law.
An employment lawsuit can be filed for workers compensation if the company refuses to provide you with finances for your injury or if the company did not have insurance at the time of your injury.
No matter what type of employment problem you are facing, a professional employment attorney can help.
By talking to an expert Laguna Niguel Employment Lawyer, you will get sound advice not only on the legal ramifications of your situation but also about how to handle the situation at work without creating more ill-will. By handling your employment problems in a professional manner, you greatly increase the chances that you will have a successful outcome to your case and recover the damages that you are owed.
Since 1978, Bisnar Chase has been winning employees in the Los Angeles and Orange County areas millions of dollars in compensation. The Southern California Law Group of Bisnar Chase is dedicated to protecting the rights of workers who have been wronged.
Please call us at 949-203-3814 for a free case evaluation and more information regarding your situation.