Los Angeles Employment Lawyer

If you’re an employee in Los Angeles, you have important rights under both state and federal law, like the right to be free from harassment and discrimination, retaliation, sexual harassment, wrongful terminations, and other unfair treatment.

Sadly, not every employer plays by the rules, and when your rights are violated, the impact can be physical, emotional, and financial. You might know you have legal options, but figuring out what to do next can feel overwhelming.

At Litigation, P.C., we’re here to help. Our experienced team understands California employment law and knows how to stand up for workers who have been treated unfairly.

Speak with a knowledgeable attorney in a free consultation to learn about your options and next steps.

Basics of Employment Law

The two main statutes that protect workers in Los Angeles are Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA). However, there are numerous additional employment laws and regulations at both the state and federal level. Together, this body of laws addresses a wide range of misconduct in the workplace.

Harassment in the Workplace

Harassment in the workplace must be severe or persuasive conduct that targets the employee’s protected characteristic or status, that a reasonable person in the employee’s circumstances would have considered the work environment to be hostile, intimidating, offensive, oppressive, or abusive.

Examples of protected characteristics or status include:

• Race, ethnicity, or national origin;
• Religion;
• Age;
• Disability;
• Sexual orientation, gender, pregnancy, and other sex-related factors;
• Marital status; and,
• Many other characteristics.

Examples of harassing conduct include, but are not limited to:

• Verbal harassment (obscene language, demeaning comments, slurs, or threats)
• Physical harassment (unwanted touching, assault, physical interference with normal work or movement)
• Visual harassment (offensive posters, objects, cartoons, drawings, text messages, or photographs)
• Unwanted sexual advances

Discrimination in the Workplace

Although closely related to harassment, discrimination prevents disparate treatment by making illegal adverse employment actions that are substantially motivated by the employee’s protected characteristic or status.

An adverse employment action is an action or course of pattern of conduct that, taken as a whole, materially and adversely affects the terms, conditions, or privileges, of employment, including conduct reasonably likely to impair a reasonable employee’s job performance or prospects for advancement or promotion. It cannot be minor or trivial actions that are not likely to do more than anger or upset an employee.

Sexual Harassment

California recognizes two types of sexual harassment in the workplace. The first is quid pro quo harassment, which involves a person in a position of authority over an employee offering the worker something of value in exchange for sexual or romantic favors. For example, a boss may tell an employee they will be promoted if the worker goes on a date with them.

The other form of sexual harassment involves actions which create a hostile work environment. In order to prove a hostile work environment, the behavior must be persistent and pervasive enough to interfere with the employee’s work duties.

Wrongful Termination

The majority of employees in California are considered at-will employees, which means employers can fire them at any time, and for almost any reason. However, there are several important exceptions to California’s at-will employment law.

An employee can be discharged for no reason, or for a good, bad, mistaken, unwise, or even unfair reason. This is within the “business judgment” of the employer. Other typical defenses to a wrongful termination claim include poor performance or other just cause.

Retaliation in the Workplace

Unlawful retaliation in the employment context has a special and specific definition. The employee must have engaged in a legally protected activity, and that was a substantial motivating reason for the employer’s adverse employment action.

Your Remedies Under California Employment Laws

Your options depend on the type of grievance and many other factors. Typical categories of damages available in employment cases, generally, include:

• Lost wages and benefits (back pay and future lost income)
• Other out-of-pocket expenses
• General damages (non-economic damages, commonly classified as “emotional distress”, but also includes compensation for all non-tangible losses, such as pain and suffering, loss of enjoyment of life or dignity, anxiety, mental anguish, etc.)
• Punitive damages (or exemplary damages, awarded by showing with clear and convincing evidence of malicious, fraudulent, or oppressive conduct)
• Statutory damages (penalties imposed by law that are recoverable by the aggrieved employee)
• Statutory attorney’s fees and costs
• Reinstatement or other equitable relief

Discuss Your Options with an Employment Lawyer

The law guarantees equal opportunity for everyone. For a confidential consultation with an experienced lawyer, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.