Law Offices of Jonathan Ebrahimian
We are located in Los Angeles and represents workers throughout California. We are your complete, full-service employment law firm, with a proud record of success across a full range of practice areas involving employment rights in California. Backed by decades of experience, we have earned a reputation as the law firm workers can trust when their rights and dignity are on the line.
Employment discrimination takes a variety of forms, but generally involves employees being subjected to negative treatment in the workplace because of their membership in a protected class. This treatment ranges from disciplinary action and negative performance reviews to denial of training, denial of promotions, denial of raises and termination.
Employment law covers a wide range of topics, including discrimination, harassment, retaliation, wrongful termination, and compensation. There are many different state and federal laws that outline current and prospective employees’ rights in the workplace. These laws ensure that employees are treated fairly, compensated for their work, and encouraged to do the right thing when they witness wrongdoing. You don’t need to know the ins and outs of every employment law, but you should understand the rights that you have so you can protect yourself.
If you believe your employer has violated an employment law, seek legal representation from one of our experienced attorneys as soon as possible. Discuss your case with our team today by calling: (833) 227-6677.
Both state and federal laws protect individuals from discrimination in the workplace. However, California state laws offer more protection than their federal counterparts. The California Fair Employment and Housing Act (FEHA) protects individuals from being discriminated against based on any of the following:
FEHA applies to any public or private employer, labor organization, or employment agency with at least five employees. To comply with this law, employers cannot be discriminatory when making any job-related decisions. For example, employers cannot decide who to hire, fire, promote, reassign to a new position, or lay off based on one of the characteristics listed above. Deciding to fire someone simply because of that person’s race or national origin, for instance, would be a form of discrimination that is prohibited by FEHA.
The FEHA also makes it illegal for employers, co-workers, and even clients to harass employees based on one of the protected classes above. Employers have an obligation to put an end to workplace harassment as soon as they are notified of it—even if the harasser is someone who is not employed by the company.
Harassment is any form of unwelcome conduct, including insulting jokes, physical threats, intimidation, or offensive gestures. There are two types of harassment: a hostile work environment and quid pro quo harassment. In order to be considered a hostile work environment, harassment interferes with the employees’ ability to perform their job duties. This means an isolated incident will typically not be viewed as harassment since once joke or gesture is not enough to affect the working environment.
Quid pro quo is a type of sexual harassment only, which is one of the most common types of harassment in the workplace. Quid pro quo translates to mean “something for something” or “this for that.” Quid pro quo harassment occurs when a manager or supervisor offers some kind of benefit to an employee in exchange for a sexual favor. For example, a manager may offer an employee a promotion if she agrees to engage in a sexual activity with him. Unlike the first type of harassment, quid pro quo only needs to happen once for it to be illegal.
It’s important to note that anyone within the workplace can be a victim of harassment—not just the person who is being directly harassed. Someone who only witnesses the harassment has the same right to file a harassment claim as the person who is actually being harassed.
Federal law and the state laws of California protect individuals who report employer fraud related to the fulfillment of a government contract.
Whistleblower cases involve seeking compensation for wrongful termination or other forms of retaliation after reporting illegal activities by an employer or refusing to comply with an illegal directive by an employer.
Our qui tam and whistleblower practice extends to:
Our employment law attorneys represent workers in cases involving:
Both state and federal laws provide residents of the United States with certain unalienable civil rights. Everyone deserves to be treated equally and fairly under the law, whether it is in the workplace, by privately owned business establishments, or through government agencies and law enforcement. Regardless of a person’s religion, race, national origin, gender, sexual orientation, or level of disability, everyone has the right to be treated with the same level of dignity and respect.
The Fair Labor Standards Act (FLSA) comprises a range of federal wage and hour laws that guarantee a minimum wage and specific overtime rules for both private and government employers. In addition, California wage and hour laws are governed by the California Labor Code and state wage orders guidelines.
Employers in the state of California must compensate their employees fairly, otherwise they will face penalties for violating wage and hour laws. One of the most well known wage and hour laws deals with minimum wage. California has one of the highest minimum wages in the country, and many cities within the state have set their own laws that raise the minimum wage even further. Employers must abide by their state or city minimum wage and pay their employees accordingly.
Another common wage and hour issue has to do with an employee’s classification and right to overtime pay. In California, most employees are considered either exempt or nonexempt. Nonexempt employees are entitled to receive overtime pay, but exempt employees are not. Many employers try to limit the amount of overtime that they will have to pay by illegally classifying an employee as exempt when she should be nonexempt. Other employers may just refuse to pay their nonexempt employees the overtime that they have earned. In either situation, it’s important to seek legal representation to discuss your options.
People often stay silent when they are discriminated against or harassed in the workplace because they fear retaliation. Other employees may know their employers are engaging in unethical or illegal activities, but choose not to blow the whistle so they don’t suffer the consequences of angering their employer. Retaliating against an employee for reporting wrongdoing is illegal, however many employers do it anyways. In fact, retaliation is the most common form of discrimination that is reported to the Equal Employment Opportunity Commission (EEOC) every year.
By law, employers are prohibited from retaliating against employees for:
What exactly is retaliation? There are a number of ways that an employer can retaliate against an employee—some that are more subtle than others. Examples of retaliation include firing, demoting, verbally abusing, scrutinizing, reassigning, or spreading false rumors about an employee. Employers often retaliate against employees to punish them for speaking out and to show other employees the consequences of reporting wrongdoing. But, employers who choose to retaliate against someone will face legal consequences.
EMPLOYMENT RETALIATION
Retaliation is any type of adverse action that an employer takes against an employee for reporting wrongdoing or exercising his or her rights in the workplace. This is also known as “whistleblower retaliation”. Retaliation is a way of punishing the employee for his or her decision and showing other employees that there are consequences to reporting wrongdoing or exercising their rights. There are many different ways that an employer can retaliate against an employee. Some examples of adverse actions include firing an employee, giving him or her a poor evaluation, reassigning him or her to an undesirable position, reducing his or her pay, or demoting him or her.
Retaliating against an employee is prohibited by both state and federal laws. It’s important to understand when you may be retaliated against by your employer so you know what to expect and how to protect yourself. Here are some of the many unlawful reasons why employers retaliate against their employees:
Participating in Discrimination or Harassment Claims
The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on an individual’s race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, disability, medical condition, age, and military/veteran status. Individuals who are discriminated against or harassed based on one of these protected classes are encouraged to report the incident in order to hold the appropriate parties accountable for their actions. Even if you were not the one being discriminated against or harassed, you should still report the incident. But, many people who do the right thing and report discrimination and harassment are retaliated against by their employers.
Fortunately, the FEHA prohibits employers from retaliating against an employee because she has reported discrimination or harassment. Employees who have participated in an investigation of alleged discrimination or harassment are also protected from retaliation under the FEHA, even if they were not the ones who filed the initial report. This means if you are asked to serve as a witness in a sexual harassment case against your employer, you are protected from retaliation.
Requesting Disability Accommodations
Employers must make reasonable accommodations in the workplace for individuals with physical or mental disabilities. For instance, an employee who is handicapped and in a wheelchair may ask their employer to make their office wheelchair accessible. As long as the request is not too difficult or expensive for the employer, it must be granted. Some employees fear that by making one of these requests, they will anger their employer and suffer consequences. But under the FEHA, employers cannot retaliate against employees who have made reasonable accommodation requests.
Requesting A Medical Leave of Absence
The California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of leave for the birth of a child, the adoption of a child, or the placement of a child in foster care. This law also gives eligible employees the right to take a leave of absence in order to take care of themselves or a family member with a serious illness. No employee should have to worry about the consequences of requesting a medical leave of absence that they are entitled to under the CFRA. Fortunately, it is unlawful for an employer to retaliate against an employee who made this type of request.
Illegal Activity
If you discover that your employer is engaging in an illegal activity, you may be fearful of the consequences that you will face for reporting this activity to the authorities. But, you should never have to worry about doing the right thing. California Labor Code 1102.5 prohibits an employer from retaliating against an employee who has notified the authorities of illegal activity within the workplace.
If illegal activity is reported to the authorities, it’s possible that your employer will never know who actually reported it. As a result, management may retaliate against a number of people who they suspect of turning them in. But, this is also prohibited under California’s labor codes.
Employees may also find themselves in an uncomfortable position if their employer asks them to participate in an illegal activity. If this happens to you, don’t ever feel as if you need to comply with the request in order to keep your job. This labor code prohibits retaliation against employees who have refused to engage in illegal activity at their employer’s request.
Safety and Health Concerns
Employees may also feel obligated to speak out about health and safety issues, and if they do, they shouldn’t fear retaliation. Under California Labor Code 6310, employers are prohibited from retaliating against employees who have reported concerns related to the safety or health of the company’s employees. For instance, an employee who notifies authorities of unsafe working conditions cannot be fired, demoted, or retaliated against in any other way because of his decision to report his safety concerns. Employees who report work-related injuries or fatalities are also protected by this labor code.
If you work in the healthcare industry, you have a duty to care for the patients that come to you for help. This means if you discover a safety issue in a healthcare facility that could potentially harm patients, it’s important to report it to the appropriate authorities as soon as possible. Your employer cannot retaliate against you because you chose to report safety or health concerns internally or externally to a government entity or agency responsible for evaluating or accrediting the facility.
Legal Assistance for Retaliation Victims
Have you been retaliated against by your employer? If so, it’s important to seek legal representation from an experienced employment lawyer as soon as possible. The skilled team of attorneys at Ebra Law will fight tirelessly for the justice that you deserve. To learn more about your legal options, call us at (833) 227 6677 or email us at [email protected] today.