Bellflower Employment Law Attorney

Bellflower Employment Law Lawyer

If your rights have been violated at work, you may need a lawyer by your side. You deserve to work at a place that is safe and equitable. Unfortunately, this does not always happen. If you need representation for an employment case, consider hiring a Bellflower employment law attorney.

At Briana Kim, PC, we are committed to delivering case-specific, attentive representation for our clients. We are a bilingual Korean and English firm that is passionate about getting justice for workers who have been discriminated against or mistreated because of factors out of their control.

Employment Laws in California

Employment laws in California aim to ensure a fair, just, and safe work environment for employees. These laws cover issues like fair wages, situations of discrimination and harassment, preventing retaliation, and allowing for uninterrupted breaks and paid leave.

Some of California’s most important labor laws include:

• Wage and hour. California pays one of the highest minimum wage rates in the country at $16.50, and the standard workweek is 8 hours a day for 40 hours a week. Any time worked beyond this period is considered overtime, requiring 5 times the hourly rate.
• Wage theft protection. Wage theft includes late payment, overpayment, underpayment, or non-payment. You work hard for your pay, and no one should be allowed to take what you earned.
• Harassment and discrimination protection. The Civil Rights Department of California prohibits all forms of harassment and discrimination in the workplace. Employers with five or more employees must provide additional protections.

Some employers knowingly misclassify their employees as exempt to avoid paying overtime. This is illegal and can be reported to government authorities or your attorney.

Common Types of Employment Law Claims

At Briana Kim, PC, we are equipped to protect your rights against unlawful employers. When employees face unequal treatment, employers should be held accountable. The following are some of the most common employment law cases we work on.

Wrongful Termination

Because California is an at-will state, employees can be terminated or quit for any reason and at any time. However, sometimes employers abuse this by terminating employees for unjust, unethical, or unfair reasons. Severe workplace-related discrimination, harassment, and retaliation for asking for accommodations are common in these scenarios.

Unpaid Wages or Overtime

At a minimum, employers should pay their workers their wages on time and in full. However, employers may use loopholes to avoid paying their employees, such as failing to pay minimum wage based on their jurisdiction/industry, not paying the overtime rate, or failing to pay reimbursements.

Sexual Harassment

According to a 2020 California Department of Human Services report, sexual harassment accounted for 44% of substantiated discrimination claims. If you are subjected to a hostile work environment due to unwanted sexual advances or inappropriate sexual conduct, you should contact an attorney to determine if you have a case.

FMLA/CFRA Leave of Absence

Serious health conditions, a death in the family, or childbirth all warrant time off. FMLA/CFRA leave ensures your job is protected while you take care of yourself or loved ones.

Pregnancy Discrimination

Pregnancy can be a beautiful stage of life. However, sometimes employers treat pregnant women unfavorably by denying them promotions, wages, raises, or other opportunities.

Retaliation

Retaliation is when an employer takes an adverse action against an employee for engaging in a protected action. This is not only unethical, but it is illegal. It is your right to refuse to engage in illegal activities, and if you are denied this right, you can take legal action or report these behaviors to state or federal authorities.

Some examples of workplace retaliation include:

• Unjustified write-ups, PIPs, or disciplinary actions
• Reduction of work hours or lower wages
• Reassignment of former job duties
• Wrongful termination or demotion
• Encouraging incidents of harassment that ultimately lead to a hostile work environment
• Having your former job duties reassigned or eliminated

Negotiating a Severance Package

Negotiating a severance package can be particularly difficult if you have never done it before. A Bellflower employment lawyer can help you with the negotiations.

Filing an Employment Law Claim

The path to filing an employment law claim is straightforward, but unique to each individual. At Briana Kim, PC, we help take the stress out of the process. The main steps of most claims processes are as follows:

1. Have a consultation with our firm
2. File a complaint with the Equal Employment Opportunity Commission or the California Civil Rights Department for a right to sue
3. Collect documentation to build a strong case.
4. Either settle or fight aggressively for your case in front of a jury or arbitrator.

Each type of case has its own statute of limitations, so you should act quickly when hiring an employment lawyer.

FAQs

Is an Unemployment Lawyer Worth It?

Yes, an unemployment lawyer is worth it if you feel that you were wrongfully terminated or you faced unethical employment practices. Your unemployment lawyer can help you file a claim and bring your case in front of a jury or arbiter. Ultimately, many clients find that hiring a lawyer is worth the settlement they receive.

What Are the Odds of Winning an Employment Claim?

The odds of winning an employment claim are difficult to determine because each case is different. However, several factors can contribute to your success, including:

• The experience of your lawyer
• The severity of your case
• The administrative agency you work with
• The evidence used to strengthen your case

Before a claim is filed, you will need to open a complaint with the Equal Employment Opportunity Commission.

How Expensive Is It to Make a Claim Against Your Employer?

The expenses of making a claim against your employer vary by case. Important factors to consider include the type of claim and its severity. Your lawyer can give you a better idea of how much your claim may cost. Getting help to file an Equal Employment Opportunity Commission complaint before filing might also add to the overall cost.

What Qualifies as Wrongful Termination in CA?

In California, there are many situations that can qualify as wrongful termination. Common forms of wrongful termination include violations of employment policy, retaliation for asking for accommodations or leave, severe discrimination, and quid pro quo harassment. Things like a sudden drop in performance reviews despite similar job performance can indicate wrongful termination.

Hire a Bellflower Employment Lawyer Today

If you believe you have a solid claim against an unethical employer, don’t hesitate to take action. Call Briana Kim, PC, and schedule a consultation. We have the skills and experience necessary to help you win.

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623