Rancho Mirage Employment Lawyer For Employees
California employees benefit from some of the best employee legal protections in the United States. We know that your job is important and helps you support yourself and your loved ones. When disputes arise between employers and employees, employees often feel that they are at a disadvantage. After all, your employer is the one who signs your paychecks. Workers may fear that they will not be on equal footing with their employer if they need to resolve a dispute. As an employee in Rancho Mirage, California, you have legally protected rights. If your employer violated those rights, contact the Law Office of Karen J. Sloat to speak to an experienced Rancho Mirage employment lawyer today at 760-779-1313.
Employment Law in Rancho Mirage
If you work in Rancho Mirage, you benefit from California’s laws that protect employees. Some of these laws and types of claims we pursue for employees are discussed below.
Discrimination Law in Rancho Mirage
Discrimination occurs when an employer makes important job-related decisions unlawfully based on the employee’s membership in a category protected under federal or California law. In California, those protected categories include the following:
- Age (40 and over)
- Ancestry, national origin (including language)
- Disability (including mental and/or physical, genetic, cancer, HIV/AIDS)
- Domestic Violence Victim Status
- Gender identity, gender expression
- Marital Status
- Medical Conditions (including genetic characteristics/information)
- Military or Veteran Status
- Political Affiliation (when a civil rights violation)
- Race, color
- Religion, creed, ethnicity
- Requests for certain leave
- Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
- Sexual orientation
If your employer makes decisions regarding hiring, firing, or work-related conditions that disfavor you because you fall under one of the above-listed classes, you might have the right to file a complaint and pursue a claim against your employer. Contacting a Rancho Mirage employment law attorney to discuss your rights is the first step in righting the wrong carried out by your employer.
Harassment Claims in Rancho Mirage
An employee whose work environment is hostile as a result of a co-worker’s or employer’s behaviors may be suffering an injury related to harassment. Workplace harassment infringes on guaranteed employee rights. The most well-known variety is sexual harassment, but other types of harassment are also illegal, including those based on any of the above categories.
If you are experiencing workplace harassment, contact the Ranch Mirage employment law attorneys at The Law Office of Karen J. Sloat.
Classification Violations: Employee Versus Independent Contractor
If you are classified as an independent contractor, you will not receive certain benefits guaranteed to employees. It is not up to the employer’s discretion to determine what constitutes an independent contractor or an employee. Very recent law in California established specific factors to determine a worker’s status, and an employer’s failure to meet the necessary criteria could trigger misclassification of that worker, a violation of law, and penalties. If your employer misclassified you as an independent contractor to deny you certain benefits, contact an attorney to discuss your legal options.
Breach of Employment Contracts in Rancho Mirage
If your employer signed a contract with you, you and your employer are both bound by the contract terms. It is a good idea to ensure that you fully understand the contractual rights afforded to you and any provisions that govern your employment relationship. If your employer violates those contract terms, you might have a legal claim for breach of contract.
ADR and Employment Law Cases in Rancho Mirage
Employers often prefer to handle legal claims and employment disputes outside of the court system. Sometimes, provisions detailing alternative dispute resolution (ADR) methods will be in an employment contract or a separate agreement the employee signs when hired. While there are some benefits to ADR, employee rights are impacted by each method. It is important to fully comprehend the process of an ADR method before you agree to participate.
Mediation is a form of ADR in which a mediator will attempt to reach an agreeable solution to a conflict between the employee and employer. The mediator does not have the authority to create a legally binding ruling.
Arbitration is another form of ADR which involves an arbitrator or panel of arbitrators who can issue binding rulings. Courts will typically uphold the decision of the arbitrator.
Litigation of Employment Cases in Rancho Mirage
In some cases, ADR might not be the best path to take, or it might not even be available to the employee. In such instances, the employee and their attorney might pursue litigation as the best option. To initiate litigation against your employer, you must file a complaint. In some cases, the dispute will result in a trial where a judge and jury will hear the arguments on both sides. Most of the time, though, the parties will reach a settlement at some point prior to the trial.
Wage and Hour Disputes in Rancho Mirage
Employees must comply with certain requirements when it comes to the hours and wages established for the employees’ work. For instance, employers must comply with minimum wage laws, overtime pay rates, sick leave policies, rest and meal period laws, and laws governing the employer’s reimbursement for an employee’s business-related expenses.
If your employer violates any of these laws, you should contact an experienced Rancho Mirage, California, employment law attorney.
Rancho Mirage Employer Retaliation Attorneys
If you have a valid claim against your employer, you might fear that you will face retaliation for complaining, or “whistleblowing”. If your employer does retaliate, that retaliation may trigger a violation of law, and you may be entitled to damages. Talk to an attorney about the protections available to an employee who reports employer violations.
Rancho Mirage Employees, Call The Law Office of Karen J. Sloat
Your job is a major part of your life, and you must be able to work without suffering mistreatment by your employer. If you are in the unfortunate situation of being harassed, discriminated against, or otherwise having your legal employment rights violated by your employer, contact the Law Office of Karen J. Sloat today at 760-779-1313.