Have you recently lost a job in a situation that seems off, somehow? Did you not get a job offer and believe that the reason was discriminatory? Oakland employment attorneys may be able to help you with your employment difficulties, but will need to consult with you to determine whether or not you have a valid complaint. The reason that you will need to consult with an attorney in order to determine whether you have a valid employment complaint is because, in many ways, the law is on the side of the employer. Employers generally have broad discretion in hiring, firing, and disciplinary decisions. Therefore, even if an employer acted in a way that seems malicious or unreasonable, it may still be perfectly legal behavior. An employment attorney can look at your scenario and determine whether an employer’s actions violated the law.
First, did your employer behave in a way that violate federal, state, or local anti-discrimination statutes? Broadly put, most employers are prohibited from discriminating against employees on the basis of gender, religion, national origin, race, or disability. Local laws may also prohibit discrimination based on sexual orientation. Furthermore, if an employee is a whistleblower, an employer is prohibited from engaging in retaliation against that employee.
Second, if you have been injured on the job, you may wonder if your injury should be covered by worker’s compensation. However, filing a worker’s compensation claim immediately places you in an adversarial position with your employer, which is why many people prefer to be represented by an attorney during the claim.
Third, did your employer fail to pay you all wages due at the time of your termination? A surprising number of people do not receive their final paycheck, or come to an employment attorney after they realize that they should have been receiving higher wages or overtime pay. This can happen in a number of ways. For example, one client’s employer was withholding child support wages from the client’s paycheck, but never submitted them to the state child support agency. If you believe that your employer owed you more money than you received, but illegally kept that money, an employment attorney may be able to help you.
Of course, you may be able to avoid some of the pitfalls that can occur at the time of a termination by hiring an employment attorney during the hiring process. Employment attorneys can review employment contracts and may even be able to negotiate on your behalf to obtain more favorable terms. At the least, they can advise you whether you should or should not sign an employer’s proposed contract.
If you have any employment law questions, contact Oakland employment attorneys for the answers.
