San Bernardino Employment Lawyer

California employees have rights and legal protections while in the workplace. Our San Bernardino employment lawyers are committed to protecting these rights, and we believe you deserve to be free from workplace discrimination, harassment, and other workplace mistreatment.

No one should feel unsafe or disrespected at work. Unfortunately, many individuals experience harassment, discrimination, retaliation, and other forms of workplace mistreatment. This is not only unacceptable but illegal. If you are experiencing any of these situations, you need a San Bernardino employment lawyer.

At Park APC, we can help people with complex employment law issues. Some of the most common types include:

Workplace Discrimination

If you believe you’ve been treated unfairly due to your ethnicity, race, age, gender, religion, or disability, you may have grounds for an employment lawsuit. Such discriminatory behavior is illegal in California, and you have the right to hold your employer accountable.

Examples of workplace discrimination include:

• Denial of employment based on your identity
• Being overlooked for a promotion despite being more qualified
• Being sidelined or excluded from opportunities based on your identity
• Denying employment to qualified individuals because they have a disability
• Being terminated or forced into retirement due to age

Wrongful Termination

Wrongful termination is when an employer violates a law by firing an employee. This can look like terminating an employee due to race, color, religion, sex, national origin, age, or disability. It can also include firing someone for reporting an illegal activity, exercising their rights under employment law, or filing a workers’ compensation claim. Other examples include firing an employee:

• Due to their pregnancy
• For refusing to engage in illegal activities
• For taking leave under the Family and Medical Leave Act (FMLA)
• For exercising their right to unionize
• In bad faith

Wage and Overtime Issues

California labor laws protect workers’ rights, including the right to fair compensation for their time. Unfortunately, wage theft, the illegal practice of withholding earned wages, can occur in many fields of work. It can happen through minimum wage violations, denial of overtime pay, tip pooling abuses, and misclassification of exempt employees.

Workplace Harassment

Workplace harassment can create a hostile and unsafe work environment. This harmful behavior can include actions that are subtly hurtful or actions that are overtly aggressive. Examples include unwanted sexual advances, threats, assaults, verbal abuse, body shaming, sexual harassment, and discrimination based on sex, race, ethnicity, age, or religion.

Retaliation

Employers are legally prohibited from taking adverse actions against employees who engage in any protected legal activities, such as filing a lawsuit. Retaliation can come with serious consequences for employers. Common forms of employer retaliation include wage or salary reduction, demotion, reassignment to a less desirable position, and unreasonable work schedules.

Statute of Limitations

The time frame for filing an employment claim, known as the statute of limitations, varies based on the specific type of complaint and the relevant administrative agency. Here is a breakdown of the deadlines:

• Union-related claims: 6 months
• Discrimination, harassment, and retaliation: 1 year
• Wage and hour claims: 3 years
• Breach of oral contract: 2 years
• Breach of written contract: 4 years
• Defamation: 1 year
• Labor code penalties: 1 year
• Emotional distress due to workplace misconduct: 2 years
• Fraud: 3 years

Given California’s robust employment laws, workers have multiple avenues to seek legal remedies. The employment lawyers at Park APC can guide you through the process and help you understand your rights and options with the specific agencies that are involved in employment law.

Key California and Federal Agencies Involved in Employment Law Cases

Several state and federal agencies oversee employment matters, including:

California Division of Labor Standards Enforcement (DLSE)

If you believe your employer failed to pay you rightful wages, and overtime, or provide required rest and meal periods, or has retaliated against you for reporting violations, the DLSE can assist you. They will also investigate your claim for discrimination based on age, sex, race, or ethnicity.

California Civil Rights Department (CRD)

The CRD is responsible for enforcing California’s civil rights laws. If you believe you have experienced workplace discrimination based on race, color, national origin, sex, gender, religion, age, disability, sexual orientation, or other protected characteristics, the CRD can assist you.

California Division of Occupational Safety and Health (Cal OSHA)

Cal OSHA can assist if your employer fails to maintain a safe work environment. Additionally, they can help if you experience retaliation, such as termination or discrimination, for reporting safety hazards.

Division of Workers’ Compensation

The Division of Workers’ Compensation oversees workers’ compensation claims, provides administrative support, and resolves any disputes around benefits.

United States Equal Employment Opportunity Commission (EEOC)

This federal agency is responsible for enforcing federal laws that prohibit discrimination against employees based on protected characteristics.

Damages You Can Recover in an Employment Lawsuit

If your legal rights are violated in the workplace, you may be able to recover compensation from your employer. In employment law cases, damages are typically categorized into two types: economic and non-economic.

Economic Damages

Economic damages are quantifiable financial losses. These losses can vary depending on the specific circumstances of your case, but common types of economic damages in employment law cases are:

• Lost wages and benefits: This type of damage covers the income and benefits you would have earned had you continued working under normal circumstances. An economic expert may calculate these losses, but the final determination is made by the court or a jury.
• Back pay: Back pay refers to unpaid wages for work already performed. This can include overtime pay or bonuses that were not paid to you.
• Liquidated damages: Liquidated damages encompass both lost wages and back pay, along with any accrued interest on these amounts.

Non-Economic Damages

Non-economic damages, unlike financial losses, are more challenging to quantify. They stem from the emotional and psychological impact of wrongful treatment, which is unique to each case and individual. These can include:

• Mental anguish: Employment disputes can lead to severe mental distress, including conditions like post-traumatic stress disorder (PTSD) and anxiety. These emotional scars can profoundly affect an individual’s well-being.
• Emotional distress: The violation of one’s rights can cause significant emotional turmoil. Seeking professional help from a mental health counselor can provide validation and documentation of these emotional damages, which may be considered evidence in a legal claim.
• Loss of dignity and enjoyment of life: Unlawful termination or workplace harassment can erode a person’s self-esteem and diminish their quality of life.

How Our Employment Lawyers Work to Protect Your Rights

Workplace rights violations often leave victims feeling silenced and intimidated. The fear of retaliation can cast a long shadow, impacting families, careers, and livelihoods. As your legal representative, we can work to build a strong case by gathering crucial evidence such as:

• All communications between you and your employer
• Detailed records of the employer’s behaviors
• Employee handbooks, contracts, and performance reviews
• Pay stubs
• Statements and testimonies from coworkers and other witnesses
• Other relevant work documents

At Park APC, we are knowledgeable in California’s complex labor laws, and we can strategize which direction is most effective for your case. We are here to support you through the entire process.

FAQs About San Bernardino, CA Employment Law

Can I File an Employment Claim if I Quit My Job?

Yes, you can still file an employment claim in California even if you quit your job. However, you need to be aware of the statute of limitations for bringing forward your claim if it has been some time since you quit. You should consult with an employment attorney as soon as possible so they can assess whether you have a valid claim, your resignation was justified, and if you are still within the statute of limitations.

What Damages Can I Recover Against My Employer in an Employment Law Claim?

Potential damages include economic and non-economic damages such as lost wages, benefits, future earnings, emotional distress, pain and suffering, and even punitive damages for severe cases. It is important to note that you may not be eligible for all types of damages in your case. An employment lawyer can provide an accurate assessment of the potential damages you can recover in your case.

How Long Do I Have to File an Employment Law Claim in California?

The deadline for filing an employment claim, also called the statute of limitations, will vary depending on the type of complaint filed and which agency your complaint goes to. The statute of limitations spans from 6 months to four years, so bringing your case to an employment lawyer as soon as possible is recommended.

What Constitutes Wrongful Termination in California?

While California is an at-will employment state, meaning employers can generally fire employees for any reason or no reason at all, your termination cannot be for an unlawful reason. Wrongful termination occurs when an employer fires an employee through discrimination, retaliation, violating public policy, breaching a contract, or acting in bad faith.

Reach Out to an Experienced Employment Lawyer

Every employment case is different. Our experienced San Bernardino employment lawyers at Park APC can evaluate your specific situation and determine the effective course of action. We work closely with you to understand your unique circumstances and pursue the maximum compensation you are entitled to. Contact us today to schedule your consultation.