Mission Viejo Employment Lawyer

Mission Viejo Employment Attorney

You may be facing a tough situation at work. Whether you’re dealing with wrongful termination or a wage and hour dispute, you do not need to handle it alone. You need a powerful advocate, such as a Mission Viejo employment lawyer, by your side.

Briana Kim, PC, is an experienced employment law firm. Fluent in English and Korean, our lead attorney can use her detailed knowledge of employment law to develop a case-specific strategy for your situation.

What Is Employment Law?

Employment law is the body of rules that governs the relationship between employers and employees. It includes federal and state laws, regulations, and court interpretations. The laws serve a dual purpose, as they outline the rights and responsibilities of both parties and establish the framework for addressing workplace issues, such as:

• Preventing discrimination
• Combating harassment
• Ensuring fair termination practices
• Adhering to wage, hour, and overtime laws
• Upholding workplace safety and health standards
• Providing employee benefits
• Safeguarding privacy rights

Going beyond those protections, employment law also sets minimum wage and working hour laws. It also protects employees whose rights have been violated. For most employers, compliance is not optional. They are legally required to follow the law or face significant penalties.

Types of Employment Law Claims

You should hire a Mission Viejo employment lawyer if you would like support with any of these employment law issues:

• Workplace discrimination. You were denied a job, passed over for a promotion, or fired because of your age, race, religion, gender, disability status, or membership in a protected class under the Fair Employment and Housing Act (FEHA).
• Sexual harassment. This can range from unwelcome advances to being denied employment opportunities due to refusing sexual favors.
• FMLA and disability misconduct. You were mistreated due to your disabilities or unlawfully denied leave under the Federal Medical Leave Act (FMLA).
• Whistleblower retaliation. Employees who report their employer’s unlawful actions to authorities are legally protected from retaliation and harassment. In one fiscal year, 13,151 total charges were filed with the EEOC in California. Retaliation, included in 40% of cases, was the top issue reported.
• Wrongful termination. You were wrongfully terminated if you were fired after taking approved FMLA leave, for reporting a hostile work environment, or due to being a part of a protected class.
• Wage and hour violations. Your employer failed to pay minimum wage, you worked overtime without receiving the required time-and-a-half pay, or your tips were not paid out to you fairly.

Employment law is complex, so at Briana Kim, PC, we offer guidance beyond these employment cases. Our team is well-versed in the full spectrum of employment disputes. Even if your concern is not specifically stated above, we encourage you to reach out so we can evaluate your situation under state and federal legal standards.

What to Do If You Are a Victim of Employment Law Violations

Many employees are unaware of how to assert their rights when those rights have been violated. If you become a victim of such violations, you should take specific steps to support a claim.

First, it is essential to gather evidence and document everything. To avoid the challenge of having your word against theirs when filing a claim, you will need concrete proof of the alleged violation. This means meticulously documenting the date, time, and exact location of the violation, along with every detail of what was said and done by your employer. Don’t forget to note the contact information of potential witnesses.

Next, you will need to file a formal complaint with your Human Resources (HR) department. It may feel unsettling to file a complaint with HR since they are part of the management structure, but you need to do so for documentation purposes.

You should then seek an employment lawyer who can guide you through the legal complexities of employment law. A skilled attorney can pursue the maximum compensation you deserve. At Briana Kim, PC, we can represent you in arbitration or before a jury at the Superior Court of California – County of Orange.

About Briana Kim, PC

Briana Kim, PC, is a boutique firm dedicated to employment law. Our firm provides careful attention to each case while still having the resources and technology of a large firm. We are committed to being a strong voice for our clients, aspiring to preserve their workplace rights and ensure outstanding personalized service.

FAQs

How Do I Know If I Have an Employment Law Case?

You may have an employment law case if you:

• Were wrongfully terminated, discriminated against, or faced harassment
• Were retaliated against by your employer
• Experienced wage and hour violations
• Suffered other employment-related issues

You should consult a Mission Viejo employment attorney about your situation to see whether you have a valid claim.

What Types of Cases Do California Employment Lawyers Handle?

Employment lawyers in California handle cases such as:

• Wrongful termination
• Workplace discrimination
• Sexual harassment
• Retaliation
• Wage and hour disputes, like unpaid overtime
• Misclassification
• Meal/rest break violations
• Issues around whistleblower protections
• Violations of protected leave, such as FMLA leave

If you have experienced anything like the above, seek an employment attorney who can evaluate your situation.

How Do I Know If I Was Wrongfully Terminated?

You may have been wrongfully terminated if your situation falls under an exception of California’s at-will employment laws. Talk with an employment attorney if:

• You were fired because of your race, age, gender, disability, or other protected class.
• Your employer took adverse action against you after exercising a protected right.
• Your termination was a breach of your employment contract.

What Can I Recover in Damages If My Claim Is Successful?

If your claim is successful, you can usually recover economic damages, like lost wages and benefits, as well as non-economic damages for emotional distress or pain and suffering. Some people may be awarded reimbursement for attorney’s fees and litigation costs as well. Your compensation will depend on the unique circumstances of your specific case.

Hire an Employment Lawyer to Fight for Your Employment Rights

You do not need to face employment law issues alone. Standing up for yourself is not just about seeking compensation; it is about ensuring a fair and just workplace for everyone. At Briana Kim, PC, we simplify the complexities of employment law. Our firm can fight for the compensation and protections you deserve. If you’re ready to talk about your situation, contact us today.