The JCL Law Firm represents employees and employers in wide-ranging employment disputes, including claims for misclassification, wage-and-hour, harassment, wrongful termination, and age, race, sex, national origin, sexual orientation, religion, and disability discrimination. Additionally, the firm handles employment related contract negotiations and disputes.
If you question your employment classification, believe you are the victim of improper harassment, or believe you have been wrongfully terminated, call the JCL Law Firm at 619-599-8292 for your free legal consultation.
Misclassification and Wage-and-Hour Litigation
Employee "misclassification" and "wage-and-hour" litigation go hand-in-hand. Federal and state laws mandate that employees classified as "non-exempt" must be paid overtime compensation for all hours worked in excess of 8 hours per day or 40 hours per week. Employers must also provide "non-exempt" employees with meal breaks and rest periods. While employees classified as "exempt" are not entitled to such benefits.
Often times, employers, either intentionally or unknowingly, misclassify "non-exempt" employees as "exempt," thus avoiding overtime compensation and, providing meal beaks and rest periods.Misclassifying an employee is illegal.Determining whether an employee is misclassified involves a fact intensive analysis of the employee's specific job duties and responsibilities.It is never as simple as an employee receiving an hourly wage vs. a salary for his or her work
If you question your employment classification, call the JCL Law Firm at 619-599-8292 for your free legal consultation.
Workplace "harassment" is not always illegal. Actionable, or illegal workplace harassment, must be based on an improper factor, like age, race, sex, national origin, sexual orientation, religion and disability, to name a few. This means that an employer may "harass" an employer simply because he or she does not like the employee but the employer cannot "harass" the employee on the basis of an improper factor. If the employer harasses an employee on the basis of an improper factor, then the employee can sue for illegal workplace "harassment."
If you are the victim of improper workplace harassment, call the JCL Law Firm at 619-599-8292 for your free legal consultation.
Wrongful Termination and Breach of Contract
In California, "Wrongful Termination" is a legal term that that refers an illegal termination of employment. Many terminations people think of as "wrongful" are not illegal. In California, employment is "at will."This means an employer can fire its employee for almost no reason at all. There are two exceptions to this general rule: (1) Discrimination and (2) Contract.
Employees cannot be discriminated against by their employer on the basis of age, race, sex, national origin, sexual orientation, religion, disability, and a variety of other reasons. If an employee is terminated for one of these reasons, it is against the law, and the employee can sue for "wrongful termination."
If any employee has an employment contract with his or her employer, it is likely that the employer must find "just cause" to terminate the employee. If an employee is terminated in violation of his or her employment contract, it is against the law, and the employee can sue for "breach of contract."
If believe you have been wrongfully terminated based on discrimination, or terminated in breach of your employment contract, call the JCL Law Firm at 619-599-8292 for your free legal consultation.