Practice Areas
Employment Lawyer Santa Ana, CA
We all must earn a livelihood. For most of us, this means working for an employer and a steady paycheck. The impacts can be devastating when employers violate the law by committing discrimination, refusing to pay employees, or shorting their compensation.
Being harassed at work can make it difficult not to quit–even if you need the money. Being denied pay can leave you short of funds and indebted. An illegal firing can leave you unable to afford your home, car, and basic living costs.
California and federal law give you rights in any employment situation. No employer may refuse to pay what you earned, mistreat you on the job, or fire you because you belong to a protected class.
Never wait for legal advice when your employer breaks the law and adversely impacts you. The sooner you discuss the situation with an employment lawyer, the sooner you’ll have a plan to counter the injustice.
What Is An Employment Attorney?
Employment lawyers represent the interests of employees and employers. Some employment law firms exclusively represent employees, others exclusively employers, while some take a hybrid approach.
Alpine Law employment lawyers Santa Ana defend the rights of wronged employees. They provide advice & counsel, represent clients before administrative agencies, and litigate claims in state and federal courts. Our practice extends beyond discrimination, representing clients in pay and contract disputes, the Employee and Retirement Income Security Act (ERISA), and other federal, state, and local laws.
Why Choose Alpine Law Group For Your Employment Law Claim In Santa Ana, CA?
Employment lawyers at Alpine Law Group, Santa Ana, are tenacious litigators who champion employee rights. We cover all facets of employment law and can represent you for any claims you have against an employer. We help you stand up for what is right.
Contact us online or call (866) 773-0222 for a free, confidential consultation with our Santa Ana employment claims attorney today.
Do I Need a Lawyer for an Employment Law Claim?
It would be best to have a lawyer for most employment law claims. At the minimum, you should seek advice & counsel from an employment law specialist before taking any action, such as filing a charge with the EEOC or a complaint with the Department of Labor.
While you can make these charges without a lawyer, you are woefully disadvantaged because the company has attorneys on retainer who advise it on matters such as discrimination, discipline, and termination. Those attorneys have undoubtedly told the company how to position itself to defeat any claim you make, no matter how clear and righteous. Advice from your Santa Ana personal injury attorney levels the playing field, ensuring you avoid all of the pitfalls that pro se plaintiffs tend to fall into.
Most Common Types of Employment Lawsuit / Cases We Handle
We represent employees in all types of employment claims. Your employer has violated your rights if you have been mistreated, cheated, suspiciously disciplined, or unjustly fired.
Some of the most common employment law issues on which we advise and litigate include the following:
Harassment
Harassment based on a protected class under federal, state, or local law is illegal.
Discrimination
Discrimination consists of treating someone adversely because they are a protected class member. Examples include refusal to hire, harassment on the job, failure to promote, and wrongful termination.
Wrongful Termination and Retaliatory Discharge
Wrongful termination includes firing someone because they belong to a protected class, violate their employment contract, or participated in an investigation of unlawful activity.
Retaliatory discharges occurred when the firing was a reprisal for complaining about illegal harassment and discrimination or being a whistleblower.
Employees win wrongful termination and retaliatory discharge lawsuits provided they overcome the employer’s pretext that the firing was for another reason, such as performance. In addition, some cases involve wrongful termination or retaliatory discharge, while others may encompass both of these charges.
Employment Contracts
Your employer must live up to its obligations under a signed employment contract and the terms it sets forth in an employee handbook. Violation of either can be the basis of a lawsuit.
For example, if a sales representative has a signed contract and is then denied commissions promised within it, they may have a basis for a lawsuit.
In another instance, a legal claim may be merited if the employee handbook sets out a progressive disciplinary process and fires an employee counter to its policy.
ERISA
ERISA governs employee benefit plans, such as retirement accounts and health insurance. If the employer violates ERISA law, employees can bring suit. For example, if an employee filed for health benefits after contracting cancer and was fired, they likely have claims under federal and California discrimination laws and ERISA.
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Alpine Law Group Different?
Call 866-773-0222 For a Free Consultation Today with Attorney Arin!
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Why Choose Alpine Law Group?
CONTACT TOP-RATED SANTA ANA, CA EMPLOYMENT LAWYER TODAY
As a top-tier boutique law firm, we proudly provide personalized legal services for our clients. We understand that employment matters are not one-size-fits-all, and, as such, we do not employ a cookie-cutter approach. Instead, our team will help you find an individualized legal strategy tailored to your unique needs and goals. We have a long history of success, including numerous successful jury verdicts. Our attorney is prepared to be the aggressive advocate you need.
Request your free consultation today—call (866) 773-0222 to get started!
FAQs About Employment Lawyer In Santa Ana, CA
How Much Compensation Can I Expect From An Employment Lawsuit?
Discrimination claims allow employees to collect damages under several categories, including the following:
- Lost wages
- Lost salary
- Lost commissions
- Lost bonuses
- Lost benefits
- Emotional distress
- Loss of enjoyment of life
- Inconvenience
California provides for general and consequential damages in employment contract litigation. General damages are lost because of the breach, such as sales commissions. Consequential damages are losses incurred because of the lost sales commissions, such as penalties assessed to the plaintiff for late bill payments.
How Long Will It Take To Resolve My Case?
Most employment law cases settle out of court. Often, this occurs in 1-2 years, but some cases take longer. If the case goes to trial, the process can take up to 5 years or more, depending on the venue and specifics of the suit.
What Are the Statutes of Limitations on Employment Lawsuits in California?
Employment discrimination charges must be filed within rigid deadlines. These deadlines vary depending on the type of claim and agency. The EEOC requires charges to be filed within 180-days of the incident. The California Office of Civil Rights (OCR) requires discrimination charges to be filed within 300 days of the alleged act. Plaintiffs can file contract disputes in California courts up to four years after the breach.
No exception exists to these limits.
Filing with the EEOC within the 180-day limit preserves the most options because you can ultimately litigate within the state or federal administrative agencies and state or federal courts.
Example: An employee suffers sexual harassment at the hands of her manager. She complains to HR and is told the manager did nothing wrong. Then, her manager begins to complain about her work which she feels is unfair, and gives her an artificially negative performance review. She is then fired for “poor performance.”
On top of that, her employer refuses to pay her sales commissions because the employment contract states the employer has the right to change the terms.
This harassed, fired, and cheated employee has multiple charges and lawsuits to file based on her situation:
- The initial harassment.
- The continued harassment where her work was unfairly criticized.
- Wrongful termination for 1)sexual discrimination and 2) retaliation for her complaint.
In addition, she may claim that the company acted in bad faith by denying her sales commissions, a related cause of action that can give rise to a breach of contract suit.
For the harassment and discrimination charges, she must file within 180-days of the incident for each separate charge. However, because a long chain of events has led to multiple charges, she must be mindful that the time limit for each differs.
Each charge can be filed separately but must meet the required timeframe. Of course, the most important charge here is wrongful termination, for which she is entitled to substantial damages (though the harassment damages can also be significant).
The most significant danger for this individual would be missing the deadlines for the harassment and wrongful termination charges of 180 days for the EEOC and 300 days for the State of California.
Once those dates pass, she can no longer pursue employment discrimination claims. However, she may still have a breach of contract claim, but her legal position would be substantially weaker and any award far smaller.
How Much Does An Santa Ana, CA Employment Law Attorney Cost?
Free consultations allow employees to receive legal advice regarding their situations. Beyond an initial consultation, many lawyers charge an hourly rate for advice & counsel, and litigation.
Because litigation is so astronomically expensive, employment lawyers accept many cases on a contingency fee. If you have a solid case, Alpine Santa Ana employment attorneys will take the matter with no upfront fees or charge unless you collect. This arrangement makes litigation affordable and levels the playing field when facing an employer with pockets far deeper than almost all individuals.
If you have been recently terminated illegally or fear you may be soon, consult with a lawyer as quickly as possible. If possible, speak to an attorney while you still work at the company. If “the writing is on the wall,” losing your job is inevitable. The company’s lawyers will be busy creating a strategy to defend against any claim you could make. Your attorney can give you key advice to protect your rights and avoid giving the employer anything to use against you.
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