Guide to Finding California Employment Lawyer

Guide to Finding California Employment Lawyer

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Guide to Finding California Employment Lawyer

What is a California Employment Lawyer?
A California Employment Lawyer is an attorney, barred in the State of California, that represents clients involved in employment related issues that violate either, or both, federal employment laws or California employment laws.  There are many different types of employment related lawsuits that can arise in employment including: harassment, discrimination, retaliation, wrongful termination, Overtime and wage violations, among others.
Wrongful Termination
In the private sector an employee is considered to be an “at will” employee of his, or her, employer.  This means that the employee may, technically, be removed by his, or her, employer with, or without cause.  In this way the employer has the ability to remove an employee for almost any viable reason whether it be misconduct, poor performance or simply to downsize.  
If you have been terminated from your position you will want to seek the advice of a California Employment Lawyer to discuss any possible wrongdoing, and compensation owed, on the part of the employer.  Although the employer has the right to terminate you when you are considered an “at will” employee there are a number of factors that can change this.  Examples include the distribution of employee handbooks that detail circumstances where an employee will not have his, or her, employment adversely affected due to certain actions, or even oral assurances by a supervisor that certain actions will not constitute reason for termination or adverse employment decisions. 
When a situation involving termination of an employee falls outside the purview of the “at will” employee the employer must show good cause for termination.  Under California law "good cause" means "fair and honest reasons, regulated by good faith on the part of the employer, that are not trivial, arbitrary, or capricious, unrelated to business needs or goals, or pretextual. A reasoned conclusion, in short, supported by substantial evidence gathered through an adequate investigation that includes notice of the claimed misconduct and a chance for the employee to respond.”  California employment lawyers should be retained in this situation to help you to overcome the adverse affects resulting from your wrongful termination without good cause.  These remedies can include lost wages, re-employment, and even punitive damages.
Harassment
Harassment can take many forms and when it occurs it is important to have a California employment lawyer on your side to help you fight against adverse employment decisions, and inappropriate behavior that you have been subjected to in relation to your sex, gender, sexual orientation, medical condition, race, or religion.  
Harassment, of all kinds, in a person’s employment is prohibited under the Federal Employment and Housing Act.  An action constitutes harassment when the actions of a co-worker, supervisor, or other employee or employer acts in appropriately towards a fellow employee that results in unwanted behavior towards that individual because of their status.
One of the most common forms of harassment in the workplace is sexual harassment.  Sexual harassment can exist in a number of ways, including:
1. Unwanted sexual advances;
2. The offering of employment opportunities for sexual favors;
3. Making threats of reprimands for the refusal of sexual advances;
4. Visual conduct, leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters;
5. Verbal conduct, making or using derogatory comments, epithets, slurs and jokes;
6. Sexual advances
7. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations;
8. Harassment based on a person’s gender, such as targeting a person for offensive or hostile treatment because she is a woman;
9. Physical conduct, such as touching, assault, impeding or blocking movements.
All of these actions can constitute sexual harassment and a California employment lawyer should be retained in these situations, especially when your refusal to tolerate this inappropriate behavior results in unfair employment decisions including demotion, loss of pay, and termination.
The State of California also has its own laws protecting pregnant women from adverse employment actions relating to their status as a pregnant woman and affords them rights including maternity leave.  Under California’s Disability Leave Act if a business has 5 or more full time employees the employer must provide 4 months of paid leave for pregnant women.  In addition, after birth an employer who has 50 or more employees within a 75 mile radius must allow 12 weeks of paid leave after the birth of the child.  If you are pregnant and have been discriminated against due to your status resulting in unfair treatment, termination, lowering of wages, as a result of your employer claiming that you are unable to perform your work duties then you will want a California employment lawyer to represent you.
Whistleblowing
Whistleblowing is the general term for when an employee brings to light the illegal actions of an employer.  The result of whistleblowing can be detrimental to an employee’s work environment resulting in retaliation for the whistleblowing action.  Retaliation is illegal and may be actionable.  If you are a whistleblower and you have received threats of detrimental employer action, or have had adverse employment action taken upon you under the guise of “for good cause” then you should contact California employment lawyers.  
Whistleblowing can constitute reporting illegal conduct to the authorities and even testifying against employers in harassment and discrimination actions.  
In addition to whistleblowing there is an action called Qui Tam in which citizens are encouraged to report fraud by government contractors.  This law is codified under the Federal False Claims act and even allows for a reward for whistleblowers, here called relators, for their actions in informing the government of wrongdoing.  
Where do I find California Employment lawyers?
If you live in California or the adverse employment action has occurred in California, and you need a California employment lawyer there are many routes you can take. Almost all law firms have websites that can be easily accessed through a rudimentary internet search. These websites will often give detailed descriptions of the California employment lawyer’s education, certificates, areas of practice, and results.  However, these websites are “advertisements” in that they are designed to best represent the lawyer and should not be taken completely by their word.
If you feel that the search for an California employment lawyer is overwhelming, or you don’t have the time to make a detailed search then you may want to take advantage of a referral service. The California Bar Association can help you. From there you will be able to contact the California Bar Association at 415-538-2250 or you can search for one of the many referral services in California by doing a county search.
Laws.com also has a valuable referral service. By going to the top of this page and clicking on the “find a lawyer” link you will be able to access the laws.com referral service. By inputting your name, location, contact information, and a brief description of your legal problem laws.com will be able to put you in touch with California employment lawyers in you area that will help you.
When you have been a victim of discrimination, harassment or any other negative employment action while in the State of California you will need the advice of an Employment Lawyer.  California Employment Lawyers focus their practice on representing individuals who have had negative action taken against them.  Discrimination in the form of Age discrimination in employment against individuals over 40 years of age; discrimination based on race, gender, sexual orientation or nationality is an other reason to call an employment lawyer. California law protects individuals from discrimination and harassment, as well as many federal regulations including the ADEA, FEHA and others.
California Employment Lawyers help represent clients who are being treated unfairly through hours and wages.  By law employees are required to be paid at least the minimum wage on an hourly basis.  They are also entitled overtime for working over a minimum amount of hours during the day, or week.  If you are being denied your legally required wages or overtime it may be time to call a California Employment Lawyer.
California Employment Lawyers Association
The California Employment Lawyers Association is a statewide organization comprised of California Employment Lawyers whose purpose is to shed light on discrimination, harassment, and other unfair employment practices that occur in the State of California.  A California Employment lawyer can become a member of the California Employment Lawyers Association by going to www.cela.org and subscribing to the California Employment Lawyers Association.  

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