Fresno Employment Lawyer

One of the most complex areas of the law in California is employment law, as it is ever-changing and employer-centric. This type of law is designed to protect the rights of employees, while simultaneously setting boundaries on employer practices. For those living in Fresno, having a Fresno employment lawyer from Park APC with extensive experience in employment law, guide and represent you through all workplace related law issues can help ensure your employee rights are protected.

California is known for its progressive labor laws, which generally go further than federal level protection. A wide array of topics is covered under the state’s employment laws, including working conditions, wages, family and medical leave, discrimination, termination practices, and workplace safety.

California Employment Relationships

The framework of employment relationships in the state of California is made up of statutory laws, regulations, and common law principles and is broken down into employees versus independent contractors. There are key differences when it comes to the classification of these workers. The legal issues and rights you may have depend on which category you fall under. Legal issues can include disputes surrounding wage and hour concerns, benefits, and taxes.

Employees: To be classified as an employee, you must work for a business that lists you as a worker, generally under some form of contract. Employees must follow the rules set forth by their employer, giving them little independence in making their own decisions.

Employers have the right to fire an employee at any time and for any given reason, except reasons that are illegal, because California is an at-will employment state. Employees also have the right to leave their jobs at any point without reason. However, there are some exceptions to this rule:

• Employers cannot fire their employees for any reason that violates public policy. This includes reasons based on discrimination, a refusal to engage in illegal activity, and whistleblowing.
• In certain situations, employees may have an implied contract not to be terminated without cause, especially if an employer has created an impression of job security.

Independent Contractors: Independent contractors are much more independent than regular employees because they are in business for themselves and are their own bosses.

California follows the ABC test, which was established by the California Supreme Court and codified in California Assembly Bill 5 to determine whether someone should be classified as an independent contractor. Workers must meet the following criteria to be considered an independent contractor:

• The worker is free from direction and control of the business they are providing services to.
• The worker conducts and performs business on their own schedule, not just the operating hours of the hiring entity’s business.
• The worker is engaged in an independently established occupation, business, or trade.

If you are an independent contractor, your rights regarding payment, a safe workplace environment, and nondiscrimination are mainly governed by state laws. Contractors have the right to set their own hours and fees, decide when and where they work, have their own materials and tools, and have multiple clients.

Although there are benefits to being an independent contractor, when it comes to suing a business owner, it is much more difficult, as they don’t have to follow all the same employment laws set forth for businesses by the state.

It is also important to make sure you have not been wrongly classified as an independent contractor or employee so that you receive the rights and benefits you deserve.

In the event that you run into legal trouble in terms of work-related laws, having an employment attorney who is experienced and knowledgeable about both kinds of employment relationships is vital to ensuring you have a successful outcome in your case. The employment lawyers at Park APC can help you.

Types of Employment Cases Our Fresno Employment Lawyers Handle

We handle a wide array of employment cases at Park APC. Whether you have been wrongfully terminated or are dealing with a leave violation, our Fresno employment lawyers can give you professional legal advice and represent you through your legal struggle. We can handle cases involving the following matters:

• Discrimination
• Wrongful Termination
• Wage and Hour Violations
• Harassment
• Whistleblowing
• Retaliation
• Disability and Reasonable Accommodation
• Family and Medical Leave Act Violations
• Class Action and Collective Action
• Independent Contractor vs. Employee Classification
• Labor Union and Collective Bargaining Disputes
• Non-compete and Confidentiality Agreements
• Breach of Contract
• Severance Agreements
• Workplace Safety Violations

What To Expect From Our Fresno Employment Lawyers

When hiring an employment lawyer, it’s important to understand what you can expect while working through your case. The Fresno employment attorneys at Park APC are well-versed in California employment law and have significant experience working on cases like yours. We believe in letting our clients know upfront what the process will be like, although every case is unique. Here are some general services you can expect from us:

• Legal Advice. Our employment lawyers can give you professional legal advice pertaining to your particular situation. We are familiar with all of California’s ever-changing employment laws and how they apply to your case.
• Initial Consultation. We can set up an initial consultation where we can review the facts of your case and explain your legal rights. We can assess your claim and determine whether it has merit based on the details you provide. Our employment attorneys can also discuss potential outcomes, strategies, and time frames and outline our fee structure.
• Case Evaluation. Once you decide we are the right group to represent you and your case, we can conduct a thorough review of your situation, which includes identifying key legal issues, gathering evidence to strengthen your case, and determining possible strategies.
• Representation and Legal Strategy. We can represent you throughout the entire legal process, including negotiating with your employer, filing complaints, litigation, and trial if it reaches that point.
• Confidentiality and Support. Maintaining strict confidentiality is important to our firm to ensure your private matters are well respected. Our Fresno employment lawyers can provide you with legal and emotional support throughout the entire process.
• Possible Outcomes. You may expect a variety of outcomes from your case, and our employment attorneys can make sure you understand settlement negotiations, damages, court rulings, and injunctions that may arise.

FAQs

Q: How Much Do Employment Lawyers Cost in Fresno?

A: The cost of an employment lawyer in Fresno depends on a variety of factors, including the lawyer’s experience, the specific firm, the case complexity, and the lawyer’s fee structure for the case. A lawyer may also cost more if your case requires significant time and resources or if it goes to trial. It’s important to discuss legal fees with a lawyer at the initial consultation.

Q: Can I Sue My Employer in California?

A: If your employer violates your rights as an employee in California, you have the option to sue them. Some of the main reasons employers sue their employees are discrimination, retaliation, breach of contract, wage claims, and hostile work environment.

When deciding to sue your employee, there are certain steps you can take, including understanding your rights, documenting the issue, reporting the issue, filing a complaint with a government agency, obtaining a “Right to Sue” notice, hiring an employment lawyer, and filing a claim.

Q: What Are My Rights as an Employee in California?

A: California law protects employees rights while working in the state. These rights include minimum wage, overtime, meal and rest breaks, sick-leave, anti-discrimination laws, protection from sexual harassment, protection from retaliation, and workplace safety laws. Talking with an employment lawyer can help employees understand their rights and whether they are being followed in the workplace.

Q: Is It Worth Suing an Employer for a Workplace Violation?

A: If you believe your workplace rights have been violated, suing your employer may be the right decision. It is important to consider several factors before making the decision to sue, such as the strength of your case, the severity of the violation, and alternative solutions.

There are many benefits to suing in the event that you win your case, such as financial compensation and legal protection. There are also risks to pursuing legal action, such as the stress of the process, legal fees, and the impact on your future employment.

Q: What Questions Should I Ask an Employment Lawyer?

A: During the initial consultation, it is important to ask your potential employment attorney a variety of questions to ensure they have the necessary experience and are the right fit to guide and support you during this time. You should ask questions relating to their experience, their reviews, success rate, billing practices, communication practices, how your case will be handled, and the estimated timeframe for your case.

Contact Park APC Employment Lawyers

Entrusting us with your employment law needs is something that we take great pride in. We understand how important it is to find an attorney who understands California law, employment practices, and the urgency to receive the rights and benefits you deserve. Park APC has the knowledge, experience, and success rate to not only support you during this time, but also ensure you receive a successful outcome.

Our Fresno employment lawyers are ready to take on your case. Contact Park APC today so we can get started on your consultation.