Encino Employment Law Firm

Attorney Protects Employee Rights and Workplace Violations in Encino

In Encino, when your employer violates your rights, you can seek compensation for the damages you have suffered. Encino is a lovely community located close to several major attractions, including the Getty Museum, the Encino Commons, and the Sepulveda Basin Recreation Area. Still, workplace violations can and do happen here. If you have suffered discrimination, sexual harassment, retaliation, or any other type of illegal behavior in the workplace, our Los Angeles firm can help.

Malatesta Law has successfully recovered millions of dollars for California employees who have been wrongly terminated or harmed by other types of prohibited employer behavior. Encino employment lawyer Andrew J. Malatesta deeply understands California employment law. He can review your case and advise you on the best strategy for moving forward.

Call (424) 284-1384 to schedule your FREE consultation with Andrew J. Malatesta today.

"Mr. Malatesta is the greatest attorney you can hire for any work related case. He's very professional (will always keep you updated) and most important will fight for your rights..."
- Monica P.

What Is Employment Discrimination in California?

Discrimination is the unjust treatment of certain people or categories of people. Under the California Fair Employment and Housing Act (FEHA), it is illegal for employers to discriminate based on a wide range of characteristics.

• Race, color
• Ancestry, national origin
• Religion, creed
• Age (40 and over)
• Disability (mental and physical)
• Sex (includes pregnancy, childbirth, breastfeeding, or related medical conditions)
• Sexual orientation
• Gender, gender identity, gender expression
• Medical condition
• Genetic information
• Marital status
• Military or veteran status

To prevent employment discrimination, employers must take steps to ensure that their policies and practices do not disproportionately affect individuals based on any of the previously mentioned protected characteristics.

What Employment Law Services Do We Provide?

Malatesta Law provides legal representation to employees seeking justice and compensation for illegal labor practices. We can help you with the following:

• Wrongful termination occurs when an employee is fired in violation of legal protections or public policy. In California, wrongful termination can arise from discrimination, retaliation, or breach of contract. For example, if an employee is terminated for reporting workplace safety violations or refusing to engage in illegal activities, this may constitute wrongful termination.
• Sexual harassment can take two main forms: quid pro quo and hostile work environment harassment. Under FEHA, employers are required to take all reasonable steps to prevent and address sexual harassment in the workplace. Employees who experience such harassment may have grounds for legal action.
  • Quid pro quo harassment involves an employer or supervisor demanding sexual favors in exchange for job benefits. For example, an employee's supervisor demands that the employee engage in sexual conduct in order to receive a promotion.
  • A hostile work environment occurs when an employee experiences unwelcome conduct based on sex or gender that creates an intimidating or offensive workplace. This may include an employee being subjected to inappropriate comments, unwelcome advances, or physical touching.
• Wage and hour disputes involve issues such as unpaid wages, unpaid overtime, meal and rest break violations, and misclassification of employees. California law mandates that non-exempt employees be paid at least the minimum wage for each hour worked and receive overtime pay for each hour worked over eight in a day and 40 in a week. Employers must also provide non-exempt employees with legally compliant meal breaks and rest periods.
• Retaliation claims can arise when an employer takes adverse action against an employee for engaging in protected activities, such as reporting discrimination, harassment, illegal conduct, or unsafe working conditions. Retaliation may take the form of termination, demotion, reduction in pay, negative performance reviews, or other negative consequences.
• Whistleblower protections in California law have been established to encourage employees to report illegal activities without fear of retaliation. The California Whistleblower Protection Act and Labor Code Section 1102.5 offer strong safeguards for employees who disclose information about state or federal laws, regulations, or public policy violations. These protections cover employees from retaliation who report misconduct internally to a supervisor, externally to government or law enforcement agencies, or to any public body conducting an investigation.
• Family and Medical Leave Act (FMLA) violations occur when employers deny an employee eligible leave, fail to restore the employee's job following a leave, or retaliate against an employee for taking an FMLA leave. The FMLA provides employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. These include the birth or adoption of a child, the serious health condition of the employee or a family member, and certain military-related situations. Employers covered by FMLA must maintain the employees' health benefits during their leave and restore them to the same or an equivalent position upon return.
• The California Family Rights Act (CFRA) provides crucial protections for employees who take leave for family or medical reasons. CFRA ensures that employees taking leave are entitled to continue their health benefits and return to the same or a comparable position. Under CFRA, eligible employees can take up to 12 weeks of unpaid, job-protected leave within 12 months. This leave can be used for the birth of a child, adoption, foster care placement, or to care for a seriously ill family member or the employee's serious health condition.
• Employment contracts can cover various employment issues, including salary, benefits, job responsibilities, termination conditions, and non-compete clauses. Negotiations allow employees to advocate for better terms, such as higher pay, flexible work hours, or additional benefits. Consulting an employment lawyer during contract review and negotiations can provide valuable insights and help ensure the agreement is fair and legal.

Legal Representation for Encino Employees Who Have Been Wronged

In California, strict deadlines apply to filing discrimination complaints, making timely legal advice critical. It's extremely beneficial to choose a lawyer with a strong track record in employment law who understands the complexities of California's legal landscape.

An experienced Encino employment attorney like Andrew J. Malatesta can provide invaluable guidance throughout the legal process, from gathering evidence to navigating legal procedures. This professional guidance ensures that your rights as an employee are vigorously protected and you receive fair treatment. Our firm can also help assess the strength of a case, negotiate settlements, and represent you in court.

By securing legal representation, you can dramatically increase your chances of receiving a favorable outcome and obtaining the justice you deserve.

What to Do If Your Employee Rights Have Been Violated

You can take several steps to protect your rights when they are being violated. Thorough documentation is crucial. It's helpful to keep a detailed record of incidents, including dates, times, and specific locations. Supporting documentation, including emails, text messages, or phone records, can be extraordinarily powerful evidence.

Witnesses can also play a pivotal role in substantiating your claims of employment rights violations. If you suspect a violation, identify colleagues who may have observed the incidents or have relevant information.

Following internal reporting procedures is also important when reporting employment rights violations. Most companies have established protocols for handling such complaints, typically outlined in the employee handbook or company policy documents. Begin by addressing your concerns with your immediate supervisor unless they are the source of the violation.

What Compensation Is Available in Encino for Employment Lawsuits?

In Encino employment lawsuits, several types of compensation may be available to an aggrieved employee, including economic damages, emotional distress damages, punitive damages, and attorney's fees.

Economic damages are intended to compensate an employee for the wages and benefits they have lost as a result of their employer's conduct.

Emotional distress damages are intended to compensate an employee for the emotional and psychological damages an employer's unlawful conduct has caused an employee. These damages may cover a range of experiences an employee has undergone as a result of their employer's unlawful conduct, including anxiety, depression, stress, worry, fear, anger, and frustration.

Punitive damages are awarded in cases involving particularly egregious misconduct to punish the employer and discourage others from engaging in similar behavior. These damages are awarded in addition to compensatory damages and are often substantial, reflecting the severity of the misconduct.

Attorney's fees are intended to compensate an employee for the legal costs incurred as a result of needing to pursue legal action for their employer's violation of the law.

Schedule Your Free Consultation with Our Encino Employment Lawyer

To learn more about specific workplace situations and how Malatesta Law can provide assistance, call today and speak with Andrew J. Malatesta. We handle cases on a contingency basis, which means you won't owe us anything unless we win you a settlement.

Speak with our Encino employment lawyer at (424) 284-1384 to learn more today, or reach out to us online.

Additional Information

• Defamation: What Is It?
• Employment Law 101: What are the statute of limitations for possible employment law claims?
• I’ve Been Fired – What To Do