Frequently Asked Questions About Employment Law
As a highly experienced employment law lawyer, people often turn to me, attorney James R. Kristy, for information and guidance. I am on your side every step of the way in employment law and other legal concerns.
To learn more, please read through some of the common questions I get from clients about employment law issues. Then call The Kristy Law Firm at 888-428-9432 or contact me online to schedule a free initial consultation.
I was fired from my job. Do I have a wrongful termination case?
It is possible that you could have a case. While California is an at-will employment state, there are certain actions that employers can take that could result in a wrongful termination claim. Your attorney can look into your case and determine the reasons for termination and whether they were wrongful.
My employer has not paid me for the many overtime hours I have worked because I am salaried. What can I do?
While this can be a challenging situation, there may be remedies. An employee who is misclassified as exempt (salaried) when they should be nonexempt (paid hourly), may be able to recover unpaid overtime. Consulting with an attorney is also important, as they can look into the situation and determine if anything can be done to get the compensation you have rightfully earned.
A coworker is making unwelcome advances toward me when I am at work. Is there anything I can do about this?
Yes. Sexual harassment in the workplace is illegal. This behavior can also constitute a hostile work environment, which is also illegal. You may have a claim against your employer and/or the particular employee. It is important to keep a record of all interactions and communication, as well as any emails or documents where the behavior has been reported. Also, talk to a lawyer as soon as possible to ensure you are protected and a case can be started.
What are some of the protected classes in California’s discrimination laws?
There are many protected classifications upon which it is illegal for an employer to discriminate against and/or take any employment actions against, including sex (gender identity, pregnancy, sexual orientation), race, national origin, age and disability.