All California employers are supposed to comply with local, state, and federal employment laws.  The sad reality is that an employer (or direct superior) does not always comply with the law.  Discrimination, sexual harassment and wrongful termination are all common in the workplace.  However, the ability to understand employment laws, and to be aware of your rights, is not nearly as straightforward as people may think.  An experienced attorney is typically required to navigate the complex and confusing issues that surround an employment case. Carll Law has the knowledge, expertise and experience to help guide you through your employment case.  Some of the employment matters we handle include:

• WRONGFUL TERMINATION
• DISCRIMINATION
• SEXUAL HARASSMENT

WRONGFUL TERMINATION

First and foremost, California is an “at will” employment state, which means an employee can typically be terminated for almost any reason, or no reason at all.  There are certain exceptions to this general rule, one of which must be established in order to prevail on a wrongful termination claim.  Some of the exceptions to the “at will” employment rule include:

• The breach of a written employment agreement
• The breach of an implied employment agreement
• Violations of public policy (sexual harassment, some forms of discrimination)
• Fraud
• Retaliatory termination (such as whistleblower claims)
• Firing after “inducement”

If you think your (former) employer has violated one of the established exceptions to the “at will” employment rule, contact an attorney immediately to learn your rights. You might be entitled to past and/or future wages, lost benefits, or emotional distress damages. Carll Law is ready to assist you with your wrongful termination claim.

DISCRIMINATION

Have you been discriminated against or treated unfairly at work?  There are numerous forms of discrimination, including

• Age
• Race
• Gender
• Religion
• Disability
• Pregnancy
• National origin

A wide array of laws provide protections and remedies for discrimination, including the Americans with Disabilities Act (ADA), Civil Rights Act (Title VII), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), and the Family and Medical Leave Act (FMLA).  If you believe you have been singled out, picked on, or harassed solely as a result of falling into one of the above categories, seek legal advice immediately.

SEXUAL HARASSMENT

Sexual harassment is a specific category of workplace violations, and is the result of inappropriate behavior in the workplace.  Sources of potential sexual harassment include company owners, supervisors, or even co-workers.  Types of behavior that could potentially give rise to a sexual harassment claim include:

• Sexual advances
• Inappropriate touching
• Lewd comments or gestures
• Seeking sexual favors in exchange for advancement
• Intra-office affairs
• Failure to halt harassment or retaliation for reporting harassment
• A generally hostile work environment

State and federal laws prohibit sexual harassment.  Additionally, many companies have their own written employment manual, which includes a section on their sexual harassment policies.  You must first make a good faith attempt to resolve your claim by following any written company policy.  It is important to document both the behavior which gives rise to the claim of sexual harassment as well as any efforts made to resolve the claim within the bounds of any written company policy.