Have you recently been terminated or forced to quit your employment in California? We understand that this experience is not easy. It can take an emotional toll on you, cause bills to pile up, place extra burdens on the rest of your family, and bring other unwanted changes to your life. Even if you still have your job, you may feel stress from being harassed by your employer or not being paid all your owed wages. You should not go through these challenges alone. Bibiyan Law Group is here to help you understand your legal options to pursue against your employer or former employer to ensure that justice is served.
Bibiyan Law Group, P.C. was founded as a resource for employees who have been mistreated by their employers or former employers. As an advocate for workplace justice, David Bibiyan has represented employees throughout California in a variety of employment law matters and has recovered millions of dollars on their behalf in both individual and class actions. Wherever there is a California employee who is being mistreated by their employer or former employer, we are here to lend a helping hand to ensure that those practices are rectified. This includes working to make sure that you are made whole to the extent possible, as well as making efforts to ensure that the employer or former employer changes its practices so that others are not hurt by the same policies or procedures.Employment Law
California has some of the most protective employment laws in the U.S. There are numerous rights and benefits available under state laws regarding wages, rest breaks, meal periods, leave, privacy, discrimination, and harassment. Employers that are mid-size or large are also governed by federal laws. In certain areas, such as minimum wage, local laws provide greater protection than do federal or state laws. In Los Angeles, the minimum wage will be raised to $15/hour by 2020. An employment attorney in Los Angeles can help an employee bring a claim under the most advantageous laws that apply.
Federal and state laws shield employees from employment discrimination in the terms, conditions, and privileges of their employment. The primary California anti-discrimination law is the Fair Employment and Housing Act (FEHA). FEHA sets forth numerous protected characteristics. Protected characteristics under FEHA include pregnancy, sex, gender, age, national origin, disability, and religion. Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) are federal laws that prohibit discrimination.Sexual Harassment
Sexual harassment is prohibited under FEHA and Title VII of the Civil Rights Act. An employer with only one employee may be liable under state law. An employer must have at least 15 employees to be liable under federal law. We can bring claims based on quid pro quo harassment or hostile work environment harassment. The former type of harassment happens if an employment benefit depends on granting a sexual favor. The latter type of harassment happens if harassment is either so severe or so pervasive that it creates a hostile work environment.Disability Discrimination
Our Los Angeles employment attorneys also can bring disability discrimination claims under FEHA and the ADA. Employees are considered to have a disability if they have a mental or physical impairment that substantially restricts one or more major life activities. Protections are provided even if an employer is mistaken regarding whether an employee has a disability. If you have a disability, you can request a reasonable accommodation from your employer, and you are entitled to a reasonable accommodation if it does not cause your employer an undue hardship. Employers are supposed to engage in an interactive process to determine the job restrictions and identify possible accommodations.Pregnancy Discrimination
Pregnancy discrimination occurs when an employer makes an adverse employment decision regarding a job applicant or employee because of her pregnancy. Under California law, expectant mothers have rights under FEHA and may also have certain rights under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Discrimination Act (PDA). Under FEHA, employers are prohibited from harassing, discriminating against, or terminating an employee because she is pregnant. Moreover, employers covered by FEHA are required to provide reasonable accommodations to pregnant employees. The California Pregnancy Disability Leave Act mandates that employers give up to four months of leave for pregnancy or related conditions.Age Discrimination
It is illegal under FEHA to discriminate against an employee or terminate them because they are 40 or older. To be covered by the age discrimination protections of FEHA, an employer must have at least five employees. There are also age discrimination protections in the federal ADEA. The ADEA prohibits age discrimination and provides certain protections regarding severance agreements and benefits through the Older Workers Benefit Protection Act. An employment lawyer at our Los Angeles firm can protect your rights under these laws.Wrongful Termination
In California, employment is at will. An employer can terminate you for nearly any reason, except for an unlawful reason. If you are terminated in violation of California’s public policy or because of a reason that is illegal, this is a wrongful termination. Often, a wrongful termination lawsuit occurs because an employee is terminated due to a protected characteristic. For example, if you were terminated because of your gender, race, or religion, you may be able to recover damages through a wrongful termination lawsuit. Damages could include lost wages, lost benefits, compensation for physical pain or emotional distress, attorneys’ fees, and punitive damages.Wage and Hour
In California, employers must make sure that employees are paid appropriate wages and overtime compensation. Wage and hour laws determine basic standards for pay and time worked. These laws cover issues such as minimum wage, overtime, tips, meal and rest breaks, when you should be paid, and when an employer must cover the costs of certain items. Our Los Angeles employment lawyers can hold an employer accountable for failing to follow rules related to the payment of wages, or failing to provide an appropriate lunch or rest break. In some cases, workers are misclassified as exempt from wage and hour rules when they are not exempt, and therefore they are paid less than what they should be paid.Class Actions
California class action lawsuits involve one or more people suing as representatives of a class of people who have similar claims. A judge will determine liability by looking at all the members of the class. Under California Code of Civil Procedure section 382, when a question has common or general interest, when the parties are numerous, and when it is impracticable to bring them all before the court, one or more parties may sue or defend for the benefit of all parties. To get a class certified, the plaintiff needs to show an ascertainable class and a well-defined community of interest among the class members.Retain a Dedicated Employment Attorney in Los Angeles
If you believe that your rights as an employee may have been infringed, you should call the Bibiyan Law Group. We represent employees throughout Los Angeles, Orange, Ventura, Riverside, San Bernardino, San Diego, Santa Barbara, and Kern Counties, as well as in Northern California. Call us at (310) 438-5555 or use our online form to set up a free consultation and find out more about how we can help you fight for justice.