Bakersfield Employment and Labor Lawyers

When Bakersfield workers find themselves in a situation where they are being subjected to wrongful or unlawful conduct in the workplace, attorney Martin Gasparian and his firm, Maison Law, will be there to provide experienced and dedicated legal representation. Our team has the knowledge, resources, and understanding to hold employers accountable. We take pride in our ability to handle every element of your case, from filing the original complaint with the state’s various administrative agencies to gathering evidence through discovery, drafting and arguing motions, and representing you at every court proceeding. To learn more about our process and how we can help you, contact us today for a free consultation.

Types of Bakersfield Employment Law Cases

With over 384,000 people in its workforce, Bakersfield is one of California’s most industrious cities. What this means, aside from its effect on California’s economy, is that there is also ample opportunity for these workers to run afoul of their employer in some way. No matter what industry you work in, when you go to work in California, you enjoy various legal protections. These protections range from how you’re paid to what happens when you’re being harassed or discriminated against by your coworkers. Throughout our years of service to Bakersfield workers, we have handled the following types of employment law cases:

• Wage and Hour violations
• Whistleblower Retaliation
• Harassment and Discrimination
• Wrongful Termination
• Privacy Violations
• Breach of Contract

When violations of the law occur at work, know that you have the right to hold your employer accountable. We can help you do that by providing you with an understanding of how California’s various laws protect you in the workplace.

California Employment Law and How It Applies in the Workplace

California’s reputation as being employee-friendly stems from the various legal protections that you can enjoy once you accept a job. There a number of different laws and statutes that protect California workers, including the following:

California Fair Employment and Housing Act (FEHA)

The California Fair Employment and Housing Act (FEHA) protects employees from workplace discrimination and retaliation. Specifically, the FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Furthermore, harassment is prohibited in all California workplaces, even those with fewer than five employees. The protected categories of the FEHA include:

• Age
• Race
• Religion
• Color
• National Origin
• Ancestry
• Sexual Orientation
• Sex
• Gender
• Gender Identity or Expression
• Physical or Mental Disability
• Medical Condition

The FEHA also provides protections against workplace harassment, hostile work environments, and retaliation. Any separation of your employment due to one of these characteristics or activities falls under “wrongful termination” claims.

Whistleblower Protection Act (WPA)

The Whistleblower Protection Act (WPA) protects employees that engage in “whistleblowing”, or reporting illegal conduct by their employer. Specifically, it prohibits your employer from taking any action that has a negative impact on your working conditions. Whistleblower retaliation, like other forms of workplace retaliation, usually take the following forms:

• Blacklisting you from getting other jobs
• Demoting you
• Trying to intimidate you into not reporting the conduct
• Reducing your pay or hours
• Denying you benefits
• Denying you a promotion
• Refusing to hire you
• Terminating your employment

Privacy Laws

Part of California’s laws regarding workplace safety center around your privacy as an employee. Under the law, your employer cannot videotape or record you in areas of the workplace where you can expect a reasonable amount of privacy. Further, while your employer can access personal information like your medical records, social security number, credit score, and your internet usage, they have to keep you informed about how they got your information and what they plan to do with it.

Wage and Hour Laws

California law is very specific about your wages and hours. This includes typical categories, like:

• Overtime pay
• Minimum wage
• Timing of your final paycheck after termination
• Meal and rest breaks
• Workers’ Compensation insurance
• Whether you are classified as exempt or nonexempt

When your employer fails to properly follow these procedures, they are in violation of the law and you can recover these lost or unpaid wages.

Breach of Contract Laws

Every job in California operates under an employment agreement, or contract. The contract can either be written or implied, but once your employer fails to come through on one or more of the conditions of your employment (pay, job duties, discipline, etc.), they will be considered in breach of the contract. At that point, you can bring a lawsuit and recover damages.

Standard Phases of a Bakersfield Employment Case

No matter how well the facts of your case line up with the law, it’s still important to remember that standing up to your employer in open court takes a great deal of courage. Most likely, your employer has a wealth of resources at their disposal to defend against your claim, and every lawsuit is ultimately a gamble. That being said, part of what makes our firm so highly-rated among our clients is our client-specific approach we take to each case. After our initial meeting, we’ll be able to determine the viability of your claim, and will be able to give you a roadmap of what to expect when you want to pursue compensation. In general, there are three phases to every employment case: pre-litigation, litigation, and resolution.

Pre-Litigation

The first step in any case is to determine whether or not you have a claim. This is where our team can be of assistance, using our knowledge of the law and the circumstances around your claim to assess its viability. ONce it’s determined you have a viable claim, your case enters into the pre-litigation phase. Depending on the type of claim, part of the pre-litigation phase will be filing a charge with one of California’s administrative bodies that is responsible for enforcing their section of the law. The two main administrative bodies in California are:

• Department of Fair Employment and Housing (DFEH)
• Division of Labor Standards Enforcement (DLSE)

The DFEH handles claims involving harassment and discrimination, while the DLSE focusess more on wage and hour violations. While they differ in the type of claim, their process is largely the same. First, you’ll officially file a complaint with either agency. Then, the particular agency will launch an investigation that requires your employer to respond. After that, the agency will investigate your claim by:

• Gathering statements
• Obtaining and analyzing evidence
• Conducting inspections

After all the evidence is gathered, they will make a ruling or request a mediation. After the mediation, the agency will close your case and issue a Closing Order and Right to Sue Letter that will allow you to proceed to file a civil lawsuit. The time your case spends in pre-suit litigation depends on statutes of limitations, which sets time limits on filing your claim in civil court.

Litigation

After we file your claim in civil court, your case will enter the litigation phase. The litigation phase requires a great deal of patience, as it can take months or even years for your case to wind through the process of formally gathering evidence, conducting depositions, and filing motions. While most cases resolve much quicker, they all end the same way: either a settlement or by trial.

Resolution

It’s important to understand that your case can be resolved at any time. Still, as the litigation phase begins to wind down, you will likely either receive a settlement offer, enter mediation, or go all the way to trial. Our team is well-prepared for any of these eventualities, and can advise you on the best choice you have given how your case has progressed. Determining your case’s worth depends on the damages you have sustained. The purpose of any employment lawsuit is to allow you to recover these damages in the form of compensation from your employer. In a typical Bakersfield employment lawsuit, you can expect to recover any of the following:

• Lost or unpaid wages caused by your employer’s violations of the law.
• Liquidated damages from your employer’s failure to pay you on time after being terminated, overtime, or unpaid meal or rest breaks.
• Emotional distress damages caused by harassment, wage theft, job loss, and other incidents of discrimination.
• Having your job or benefits reinstated.
• Compensation from any fines or penalties levied against your employer for their violations of public policy or regulations
• Attorney fees and court costs.

Contact Our Bakersfield Employment Lawyers Today:

At Maison Law, our number one priority is client satisfaction. That’s why we take a great deal of pride in our approach to every one of our client’s cases. No matter what the claim is, you will know where your case stands and how it can best be positioned for success. We’ll communicate with you every step of the way, so you feel validated and supported. If you would like to get started with our firm, contact us today for a free consultation.