Fowler Employment Lawyer

Lawsuits from employees can be expensive and demanding on company resources. Any employer who faces legal challenges, especially from an employee, likely feels the weight of this battle. Regardless of what specific issue is at play, whether it be wrongful termination or workplace discrimination, having quality legal representation can make a huge difference in the outcome of your case. Hiring an experienced Fowler employment lawyer should be the first step for every business.

At Fishman, Larsen & Callister, we know exactly what you are going through. We’ve seen these legal disputes many times before, brought in through our doors by employers just like yourself. This direct experience has provided us with an even stronger understanding of the most effective ways to investigate these cases. A workplace attorney from our firm is eager to discuss your case with you.

There are many different reasons why employment disputes arise at work. These experiences can be devastating, sometimes leaving an employer feeling lost and uncertain about how to handle the situation. This is especially true for small and mid-size businesses that don’t employ in-house legal counsel.

If any of the following disputes apply to your organization, you should contact a workplace attorney as soon as possible:

Wrongful Termination

Whenever an employee suspects that they have been fired for illegal reasons, they may file a claim that they have been wrongfully terminated. California employees work “at will,” meaning they can be fired for any legal reason. Employers should feel empowered to protect themselves in court if they are accused of wrongful termination.

Workplace Discrimination

Discrimination in the workplace occurs when employees are treated differently or unfairly based on protected characteristics, like race, gender, age, or disability. If an employee suggests this is happening, they could file a workplace discrimination lawsuit. When this happens, an employment attorney can help build a strong case that makes it clear that workplace behavior has a reasonable explanation that is not rooted in discrimination.

Wage and Hour Disputes

Sometimes, employees feel they have not been adequately compensated for the work they have already done. These cases fall under the category of wage and hour disputes. Some of the more common examples are when someone was not paid for working overtime, was being paid less than the minimum wage, or was improperly labeled as an exempt or non-exempt employee. A workplace defense attorney can help prove an employee was compensated adequately.

Sexual Harassment

Sexual harassment behavior is illegal in a work environment. The two most common examples of sexual harassment at work are either through quid pro quo advances (where someone offers a benefit in exchange for a sexual favor) or through a hostile work environment (inappropriate behavior that creates an unhealthy work climate). If an employee’s claim is misguided, a defense attorney can shield you from these allegations and potential damage to your business’ reputation.

Retaliation

A case of retaliation usually occurs if an employee suffers an adverse action such as firing, demotion, or other negative change in job duties after engaging in a protected activity. Some of the more common protected activities that apply in these cases include filing a complaint about unsafe work conditions, reporting an illegal activity observed, or participating in a workplace investigation. A defense attorney can help prove the employer’s actions were not related to retaliation.

Anytime an employee is hired, they enter into a contract with their employer. These contracts outline very specific details about the job, its duration, and how much it compensates. If there is any reason to believe an employee has violated any terms and conditions they agreed to in this contract, an attorney can help analyze the contract and pursue a legal case if necessary.

Q: What Qualifies as Wrongful Termination?

A: An act of wrongful termination occurs when an employer fires an employee illegally. This could be because they were discriminated against, retaliated against, or breached a specific condition of their employee contract. A defense attorney can look into the specifics of why an employee feels they were wrongfully terminated and devise a legal strategy that protects your rights and decisions made as an employer.

Q: What Are the Signs of Workplace Discrimination?

A: There are many signs of workplace discrimination, with some being extremely obvious and others hard to spot immediately. Some common examples of this are being passed over for a promotion despite having positive performance reviews or constantly being subjected to offensive comments. To ensure you have enough evidence that is legally collected to protect your organization, you need an employment attorney to lead the process from start to finish.

Q: What Should I Do If My Employee Feels They Are Being Sexually Harassed at Work?

A: If an employee believes they have been sexually harassed at work, you need to take the complaint seriously and conduct an immediate investigation. Follow all of your company’s anti-harassment policies and document each step taken. You’ll want to remain neutral in this process and avoid engaging in any activity that could be seen as retaliatory. An employment attorney can advise you on efforts to minimize legal exposure.

Q: What If My Employee Believes They Were Not Paid For Their Overtime?

A: If you have an employee who believes they were not paid for their overtime, start reviewing their time records and payroll. Employees have a right to file a wage claim with the California Labor Commissioner’s Office or start a lawsuit with an employment attorney to recover these lost overtime wages. If you spot an error, fix it immediately. Your attorney can also help guide your response to avoid escalating the situation to a more serious legal dispute.

All employees have a right to be compensated properly and enjoy workplaces free from discrimination, but frivolous claims can be devastating for businesses, especially if they fail to hire a skilled attorney. If your Fowler business is facing legal claims from an employee and you have questions, give our law firm a call.