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Employment Law Lawyers Bay Area

Employment lawyers focus on protecting the legal rights of employees and help them figure out violations of state and federal harassment and discrimination laws and understand employment contracts. Employers who believe or suspect that their employers have wrongfully denied them benefits or fair wages, retaliated against them, fostered or ignored a hostile working environment, or violated other employment rights, our employment law lawyers in the Bay Area can help determine the best legal options for you. 

We Fight for Employees’ Rights and Stand Up to Employer Misconduct

The Bay Area employment attorneys at Bogaards Law help employees with all sorts of employment rights violations:

Employment Discrimination

Federal and state discrimination laws make it unlawful for employers to discriminate against employees on the basis of:               

  • Disability
  • Ethnicity or race
  • National origin
  • Religion
  • Gender, sex, and/or gender expression, gender identity
  • Sexual orientation
  • Age
  • Pregnancy

Employers are also not allowed to retaliate against employees who file complaints in response to workplace discrimination or harassment. 

Wage and Hour Laws

The wage and hour laws of California impose minimum standards for hours and overtime, required employee breaks, and minimum wage. It’s important to note that some employers will attempt to evade these wage-related obligations by purposefully misclassifying non-exempt employees, for instance, classifying employees paid by the hour as salaried and classifying independent contractors as such when they can actually be considered employees.  

Harassment in The Workplace

The Fair Employment and Housing Act (FEHA) of California protects employees from workplace harassment. Do note, though, that besides sexual harassment, harassment rules in employment law also includes harassment based on: 

  • Gender or sex
  • Ethnicity or race
  • Religion
  • Gender expression or gender identity
  • Sexual orientation 
  • Disability
  • Age

Medical and Family Leave

Under California and federal employment laws, qualified employees can take up to 12 weeks of unpaid medical and/or family leave to recover from a serious illness or to take care of a newborn child, newly adopted kid, or a severely ill loved one. Employees who have just given birth can also take leave under the pregnancy discrimination act. This law affords qualified employees up to four months of additional leave in the event that the employee has been incapacitated or disabled due to childbirth or pregnancy complications. Employers are likewise required to allow fathers to take paternity leaves. In addition, employees have the right to take other forms of leave, which includes: 

  • Drug and alcohol rehabilitation leave
  • Paid sick leave
  • Bereavement, if applicable under company policy
  • Leave for jury duty or complying with a subpoena
  • Voting leave
  • Leave for participating in children’s school programs or activities
  • Leave for crime victims
  • Leave for seeking or trying to seek relief from stalking, sexual assault, or domestic violence
  • Leave for pursuing literacy education

Wrongful Termination

State and federal wrongful termination laws detail remedies for employees who have been terminated for unlawful reasons. Because the majority of employees are employed “at-will,” employers can easily fire them for all kinds of different reasons. However, there are certain exceptions to this at-will employment status in California. For instance, if an employer terminates an employee and violated public policy or an implied contract, the employee may have a claim for compensation. Employers also cannot terminate employees: 

  • As retaliation for whistleblowing or filing a qui tam lawsuit
  • In violation of employment laws
  • In violation of whistleblower protections
  • Based on failing to provide the employee with reasonable accommodations
  • Because of the political activities of the employee

It’s also important to note that employees who have been fired due to a mass layoff or business relocation or closure and were not given proper notice may pursue benefits and back pay under the WARN Act. Additionally, wrongful termination laws prohibit employer retaliation by imposing adverse employment actions or penalties other than wrongful termination. 

Seek Legal Help from an Experienced Bay Area Employment Lawyer

Remember that you are entitled to many protections under federal and state laws and that you should never feel unsafe, violated, or discriminated against in your workplace. If you have been wrongfully terminated, experienced, or have experienced harassment, discrimination, or other employment rights violations and are unsure of your next steps, reach out to Bogaards Law. You can arrange a consultation with one of our Bay Area employment lawyers by calling us or contacting us online.

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