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Business Clients:
As a full service litigation law firm, Fakhimi & Associates, represents businesses in lawsuits alleging employment discrimination based on race, sex and age. We represent clients before the Equal Employment Opportunity Commission and the Labor Commission. We also regularly defend federal and state lawsuits alleging discrimination. We also offer preventive advice and supervisory training in preventing discrimination and harassment claims as a part of our General Counsel Program (see above.)
Fakhimi & Associates, also assists clients in achieving compliance with the minimum wage, overtime and record keeping requirements of all federal and state wage and hour laws, including the Fair Labor Standards Act and the California Labor Code. We also assist clients in complying with state wage payment laws involving vacation pay, deductions, commissions, etc. We also defend wage and hour lawsuits in both state and federal courts.
We recommend that small to mid-size businesses consider our General Counsel Program which would give them access to our services at a reduced cost and on their demand. Our approach to successful litigation is prevention first. That is why we recommend that our clients allow us to thoroughly evaluate their hiring practices, review employment agreements and advise them on their employee classifications on quarterly basis. Remember, one small mistake by the HR department could have devastating results for the entire company.
Employees Seeking Advice:
As a full service law firm Fakhimi & Associates provides legal services not only to employers but also employees whose rights have been violated. Following a quick review of the current state of law applying to California employees. Please note that this information does not include all of your legal rights. This information furnished is to advise you of the most common issues which are involved in employee-employer disputes:
Exceptions to Employment at Will:
Although California is an "at will" employment state and most employers retain the right to terminate an employees employment (except for unlawful reasons as discussed below) the state does grant certain protections to even "at will" employees who are not victim of discrimination. These protection come into play when there is a breach of "Implied Contract for Continuing Employment Except for Good Cause." Many employees are confused by this theory, as they do not have an express written or verbal contract promising that they will be fired only for good cause. However, the inherent unfairness in firing long term, loyal and competent employees without cause led courts to rely on the "implied contract" theory. The theory is based on the conduct between the employer and employee, and the "contract" is implied from that conduct. In effect, the courts ask if the employee has a "reasonable expectation" of fairness in his employment. Courts examine the length of the employment, the company's policies, assurances made to the employee, the rate of turnover in the industry, and any other information showing employees were generally treated according to some due process before fired. An experienced attorney will be able to inform you as to whether the facts of your employment could lead to a claim for "implied contract" theory.
Discrimination:
If you or a loved one feel that you were fired, laid off, harassed or otherwise treated differently from other employees because of your race, religion, sex, disability, national origin, pregnancy, or age you may be able to file a lawsuit to get your job back under Title VII of the Civil Rights Act. Before you can go to Court on a discrimination claim, you must file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC office must receive your complaint within 180 days after the alleged discrimination occurred. It is quite possible that the matter can be resolved at this stage without further litigation.
After the EEOC is done with its process, or after 180 days from the filing of your complaint has run, the EEOC will send you a "right-to sue" letter. Normally, you will have only 90 days after the date of this letter in which to file a lawsuit in Court. See an attorney right after you've received your "right to sue" letter.
Harassment:
Harassment by an employer or manager can occur in many different forms. The most common form of harassment is sexual harassment, which could be result of actual sexual touching, making sexual remarks or creating a hostile work environment by engaging in unprofessional and sexual discussions. Harassment can also occur as a result of prolonged racial or ethnic derogatory comments made by those in position of power or with their knowledge and consent.
Retaliatory Action for "Whistleblowing" or Exercise of Legal Rights:
You may have a claim against your employer if you are terminated or discriminated against for reporting violations of the law or actions which could subject employer to disciplinary action. If your employer took an action against you for making reports to the Occupational Safety and Health Administration (OSHA) contact the Department of Labor and/or Labor Commission. If you were terminated for filing for workers compensation or giving written notice of a safety rule violation, it may be a violation of this state's Workers' Compensation law. Also if you have been fired or laid off as a result of your reporting or communicating your concerns that there might be violations of state or federal laws at work you may be entitled to action.
Back Wages/Severance Pay/Vaction Pay:
If you feel you former employer still owes you back wages, severance pay, vacation pay, etc, ask an attorney for guidance. Your employee handbook may state what you are entitled to. Employers are not required to provide vacation pay or health care by law, however, if they contract to do so they must adhere to strict rules and if you feel that those rules have been violated, such as not receiving vacation time after dismissal contact an attorney for advice.
Wage and Hour Laws:
One of the most complicated areas of labor law if the wage and hour requirements. The Fair Labor Standards Act of 1938, 29 USC 201 et seq. ("FLSA") is a federal law governing wages and hours of employees, and in California, overtime compensation is governed by the California Labor Code (see §§201-202, 1194) and the Division of Labor Standards Enforcement ("DLSE") which adjudicates wage claims, investigates discrimination and public work complaints, and enforces Labor Code statutes and Industrial Welfare Commission orders. Wage Orders of the Industrial Welfare Commission (I.W.C.) Under both California and federal law an employee can't be designated as "exempt" and hence not entitle to overtime pay, meal periods, and rest periods unless her or his position meets certain requirements. Many large and small employers misclassify their employees as exempt when they actually are not. For a better understanding of wage and labor laws contact Department of Industrial relations, or the State Labor Commissioners office.
For further information on labor or employment services provide dby our attorneys pelase visit www.employmentlawteam.com.
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