Victorville Employment Lawyer

Wrongful Termination

While California is an “at-will” state, it doesn’t mean you can be fired for any reason. Unfortunately, there are many reasons why someone could be wrongfully terminated.

These can include being fired for:

• Seeking payment of wages
• Taking sick leave
• Reporting fraud
• Reporting harassment or discrimination
• Being a whistleblower. Employees cannot be fired for making complaints, either orally or in writing, to their employer, safety regulators, or other government agencies about workplace safety or health hazards.

If they’re fired, the employee is entitled to be reinstated and receive back pay and benefits lost because of the retaliation. Employers who willfully refuse to rehire or promote a qualified employee can face criminal penalties.

Wage and Hour Disputes

18% of California employees reported being required to work off the clock at least once in 2024. 8% of employees reported not being paid for all of the hours they worked.

If there is a disagreement over wages in California, an employer must pay any wages they acknowledge are owed right away, while the employee can still pursue any unpaid balance.

If the Labor Commissioner investigates a wage claim and finds it valid, the employer must pay the owed wages within10 days of receiving notice. Employers who can pay but deliberately fail to do so may be required to pay triple the amount of damages caused by the delay.

Discrimination and Retaliation

California Labor Code § 98.6 protects employees from retaliation or discrimination by their employer. This means an employer cannot:

• Fire
• Demote
• Suspend
• Threaten
• Take any adverse action against someone because they exercised their rights under the law. This includes filing complaints about unpaid wages, participating in labor proceedings, testifying, or asserting any other workplace rights.

Unfortunately, discrimination is still incredibly common nowadays. The California Civil Rights Department secured a $100 million settlement in 2023 against Riot Games over allegations of systemic sex discrimination, harassment, and retaliation.

This workplace abuse affected about 1,600 women employees. In California, employers who refuse to hire, promote, or restore eligible employees after a legal determination may face criminal penalties or civil fines of up to $10,000 per violation.

Hire an Employment Lawyer

At Nosrati Law, A Professional Law Corporation, we understand how dysregulating job violations can be for employees. As longtime California residents, we’re passionate about protecting our neighbors and communities through legal advocacy.

We don’t take violations lightly and understand the deep impact they can have on employees. Our firm works on a contingency fee basis, meaning we only receive payment if you receive compensation for your case. We often represent our Victorville clients at the San Bernardino County Court, located at 14455 Civic Drive.

FAQs

What Is the Fair Employment and Housing Act?

The Fair Employment and Housing Act (FEHA) is a California law that protects people from discrimination and harassment at work and in housing. At work, FEHA makes it illegal to treat someone unfairly for their age if they are 40 or older, ancestry, color, religion, marital status, medical conditions like cancer, national origin, race, sex, or sexual orientation. It also protects employees if they take family or medical leave or have disabilities, including physical or mental.

What Happens if I Am Retaliated Against?

If an employee is retaliated against, they may be entitled to get their job back, recover lost wages, and regain benefits. There is a legal presumption in favor of the employee if the retaliation occurs within 90 days of the protected activity. It’s vital to hire an employment lawyer to help ensure your rights are protected.

What Are an Employer’s Obligations Regarding Wage Payment?

An employer is obligated to post notices at the workplace stating paydays and payment locations. When an employee is fired, they must be paid at the place of discharge. Employers cannot require employees to sign a waiver or release of any wages owed before those wages are actually paid. During a strike, all wages must be paid on the next payday without any reductions.

Do Employers Face Monetary Penalties When They Fail to Pay Wages?

Employers who fail to pay wages can face penalties. The first violation carries a $100 penalty per employee, and further or intentional violations carry $200 per employee, plus 25% of the unlawfully withheld wages. Employees can recover these penalties through the Labor Commissioner or as statutory penalties, but they cannot recover both for the same violation.

Choose a Trusted California Employment Law Firm

Nosrati Law, A Professional Law Corporation, understands the anxiety involved in advocating for yourself in the workplace. You deserve to be respected and heard. When you work with us, you aren’t treated as just another case number. We take employee rights incredibly seriously.

Our office offers free consultations to those in Victorville and surrounding towns who need to explore their legal options. Contact our team todayto learn how we can help you.