Looking for someone who can pursue your employment rights and case in court?
We at MVP Law Firm know everything from arbitration agreement and settlement negotiations to employment litigation, and proceeding to legal trials.
The livelihood of employees often depends on their jobs. Employers, on the other hand, own a corporation that is full of resources.
Most employment firms represent employers to get a large chunk of fees. Their legal strategies are intimidating for an employee who wants to claim their legal employment rights.
And that is what makes Law attorneys at MVP different from other legal representatives in employment law firms. Our focus is on “Employees.”
We are well aware of your employment rights and provisions that protect you. We understand why many employers do not want employees to know their employment rights. And that is what we use to your advantage.
At MVP, attorneys help plaintiffs in almost all the areas of employment law. Generally, it includes;
The wrongful termination law protects employees who get laid off due to a wrong reason through remedies.
Although employees in California work on “at-will” employment that allows employers to terminate them anytime for any reason, there are a few exceptions to this that protect them. In case of violation of employment contract or public policy, an employee has the right to legal compensation. Wrongful termination can be dismissed if;
California’s WARN ACT makes employees entitled to get their payback if termination occurs due to business closure (with less than two months notice) or mass layoff. Moreover, some wrongful termination laws in California prohibit authorities from taking adverse actions against employees other than terminating them.
When there is a contract dispute between the companies, the provision regarding violation prevails in terms of arbitration, liability, medication, and legal jurisdiction. It is worth mentioning that businesses cannot cure all agreement disputes easily.
A business litigation attorney negotiates commercial contracts and agreements and also handles violation of contract litigation. The contract litigation services may include;
Contract violation is one of the claims entrepreneurs assert in the significant business disputes. That is what makes hiring a litigation attorney with experience in dealing with a wide range of commercial and business-related disputes extremely important.
In general, the following are the main types of violations in agreements.
Our litigation lawyers, in this regard, have the right set of skills when it comes to handling complex matters of contract breach cases. They have an in-depth understanding of business laws and litigations.
The wage & hour law sets some standards for
• Working hours
• Overtime
• Minimum pay
• Employee breaks
That means all employers in California not only need to abide by wage laws and give employees stipulated rest and meal breaks. Plus, they have to pay;
• Employees who work half or overtime (8 to 40 hours a week)
• Non-exempt employees
Misclassifying all the non-exempt workers as exempts (e.g., classifying hourly workers as salaried) and independent contractors is common among Californian employers. They do it to avoid wage & hour obligation. Many employers make employees work off the official timing, which is another source of wage violation.
No matter what type of violation issue (mentioned above) you have been facing, attorneys at MVP can help you take legal action and receive compensation. Know that an employer cannot retaliate against any employee for bringing a labor complaint or wage & hour issue.
The laws like “Fair Employment and Housing Act (FEHA)” are there to protect employees from workplace harassment. In California, the employment law for harassment also includes an “intimidating work environment.” It refers to non-sexual harassment that an employee faces due to;
• Gender/sex
• Religion
• Race
• Disability
• National origin
• Gender expression, identity, and sexual orientation
• age
Immigration retaliation is another illegal practice in which employers deport non-citizen workers for speaking out against labor violations.
The harassment attorneys at MVP help you take the right actions and file complaints to fight harassment at your workplace. Employees facing harassment can file a lawsuit against their harassers after filing a complaint at DEFH and getting permission notice to sue.
Under the following laws in California, employees get the right to protected medical and family leave
• The Patent Leave Act
• Family & Medical Leave Law
• Pregnancy Disability Leaves
• Family Right Acts (CFRA)
Under these acts, employees have a right to apply for unpaid leave for 12 weeks. The granted leaves allow employees to take care of a newborn child, adopted a child and ill member in the family, and recover from an illness. The conditions to take get these leaves are;
• One-years working tenure/ 1250 hours in previous years
• The company has 50 working employees and 75 miles of the worksite
You are eligible to get four-month leaves if you have given birth to a child and incapacitated because of childbirth.
Employees, furthermore get the following leaves;
• Sick leaves (paid)
• To attain relief from sexual or domestic violence and stalking
• Voting leaves
• To be a part of the jury
• To attend a child’s school activities
• To take a study break
• bereavement
The law provides these leaves, and employers cannot retaliate against them. Plus, employers have to reinstate employees on their position when they rejoin the work.
Employment attorneys at MVP have in-depth knowledge about the complex privacy rights of an employee. Major employee’s privacy laws in California give employers’ a right to;
• Videotape employees in the office’s public areas but not in locker rooms, restrooms, and other private areas
• Monitor workers’ internet usage
• Ask job applicants about their criminal records
• Ask for a drug test if employees work in safety-sensitive positions or are suspected for substance abuse
• Check employees’ credit rating
• Use and protect social security numbers of employees
• Make a recording of incidence occurring at the workplace
Our MVP law attorneys are dedicated to helping employees explore their workplace privacy rights and use them in the legal process if required.
In matters like employee discipline, job expectations, working conditions, and termination, your employer can take advantage of you signing an employment contract without reading it. Reading this agreement is essential to prevent employers from breaching the laws.
This is where our employment lawyers can help you interpret the clauses in the contract. You can get experts’ advice and employ the best approach to get your employment rights under the contract. Your employment agreement may contain;
• IP ownership rule that gives an employer a right to own intellectual property o any intervention an employee creates during job
• The non-compete rule that prohibits an employee from quitting a job to work with a competing company or start own business
You can find out when these clauses can be enforced in your contract by seeking assistance from our qualified attorneys.
Unfortunately, an employer can take advantage of legal and undocumented immigrant employees. However, labor laws in California apply to all workers whether they are working legally, as undocumented, or holds an H-1B employment visa. Immigration retaliation is subjected to critical penalties.
Employees do not need to feel uncertain or confused about asserting their employment rights as there are rules to protect employees who are on a visa program. In short, the employment lawyers at MVP ensure that all immigrant employees or H-1B workers get their due rights in California.
Filing a lawsuit against your employer may seem a terrifying task. Employees are attached to their workplaces and hesitate to risk their jobs. With competent MVP employment attorneys, everything, including processes of employment litigation, becomes a breeze. They know how to handle procedures like the statute of limitations for employment lawsuits. They can assist in filing complaints with law administrative agencies in California like;
• The Labor Commissioner
• The US Labor Department
• The US Fair Employment Department
• The US Equal Opportunity Employment Commission
Suing an Employer and Still Work as an Employee
Yes, employees can sue their employers and continue working in the same company. Employers cannot fire employees in retaliation. In many cases, employees should try all their options, such as discussing the issue with management or filing claims with DEFH before filing a complaint.
When it comes to suing an employer, make sure you seek professional assistance and consult labor attorneys. Plus, always arm yourself with mistreatment evidence such as text messages, emails, and contact numbers of witnesses.
Moreover, the length of the suing time depends on the type of claim. Generally, the statute of limitation is as follow;
• Discrimination or harassment – one year after the right to sue legal notice
• Oral Contract breach- 2 years
• Written contract breach – 4 years
• Non-payment of wages law – 3 years
• If your company does not have any dress code or dress codes, you can get fired under the FEHA employment discrimination law.
• Your employer must have to pay you on your last day. If you have quit without any notice, the employer must be paid within 72 hours.
• WARN Act requires employers to notify workers who will be laid off before 60 days.
Remember that businesses have the objective of saving as much much as they can. For that, they can breach their employees’ rights in numerous places. Experienced lawyers are the pro in and know how to deal with the businesses and employers who keep everything in their interests.