Workplaces should be free from discrimination, harassment, and retaliation, but unfortunately, that is not always the case. This type of behavior still exists in workplaces in California and across the country, even though there are laws in place to prevent it. If you’re experiencing such issues, an Oxnard employment lawyer can provide guidance and help protect your rights.
If you have to deal with this type of behavior at your job, it can be physically and emotionally draining. No employee should have to deal with being harassed or discriminated against when they go to work. If you are dealing with these issues, know that you do not have to tolerate it. Gutierrez Law Firm can help protect your rights and get you the justice you deserve.
Why Choose Our Oxnard Employment Attorneys from Gutierrez Law Firm?
We understand the deep emotional toll that discrimination or harassment can have on victims of this behavior. Employment disputes can be extremely emotional because your job is usually your livelihood. We are here to let you know that you do not have to go through these struggles alone.
The founding attorney at Gutierrez Law Firm has spent her entire career helping protect the rights of employees in the workplace. She has helped hundreds of other clients through situations very much like yours. Contact our Oxnard employment lawyers today to get the personalized service you deserve. Our Oxnard discrimination attorneys in employment will work with you to understand your story and put together a winning strategy to get you the compensation you are owed.
Common Types Of Employment Disputes in Oxnard
There are several different types of employment disputes that may arise between an employee and an employer. In some cases, a dispute could even arise during the interview or hiring stage of the employment process. Here are some of the most common types of disputes that we handle.
Wrongful Termination
California is an employment “at will” state, so an employee or employer may terminate the employment at any time for almost any reason. This law does, however, protect employees from termination in certain situations. It is illegal to terminate someone simply because they are a member of a protected class. For instance, terminating an employee because of their skin color is illegal, and the victim will likely be successful with a wrongful termination action. If this is ever the instance, an Oxnard wrongful termination attorney can provide the legal support needed to pursue justice and compensation.
Discrimination
Discrimination occurs when an employee or applicant is treated differently or unfairly due to one or more of their characteristics. California law protects people from this type of unfair treatment based on the following characteristics:
- Race
- Religion
- Age (over 40)
- Sex
- Gender
- Marital status
- Military or veteran status
- Physical or mental disability
There are a few other protected characteristics in addition to the ones listed above. Additionally, pregnancy discrimination has become more prevalent in recent years. Pregnancy discrimination occurs when a female is treated unfairly due to pregnancy, childbirth, or a medical condition resulting from pregnancy or childbirth.
California has recently enacted new laws to put additional protections in place for pregnant employees and job applicants. If you believe you have been the victim of discrimination, give our Oxnard employment lawyers a call today to learn how we can help.
Sexual Harassment
The EEOC defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Additionally, offensive remarks about a person’s sex may be considered harassment, even if the comments are not sexual in nature. Some common actions that constitute harassment include unwanted touching, sending explicit photos or messages, displaying sexually explicit or offensive images, and repeatedly asking a coworker on a date. Victims of such behavior can seek justice with the help of Oxnard sexual harassment attorneys, who specialize in handling these sensitive cases.
Retaliation
It is also illegal for an employer to retaliate against an employee for exercising any of their employment rights. For instance, an employer cannot retaliate against someone for reporting sexual harassment or for being a whistleblower. Retaliation could come in the form of termination, demotion, adverse working conditions, or other behavior that singles out or punishes the employee.
When Do Employment Laws Apply in Oxnard?
Employment laws can apply even before someone becomes an employee. Many of the laws currently in place begin to provide protection during the job advertising and interviewing process. These laws are designed to protect individuals at every phase of the employment journey, including:
- Interviewing
- Hiring
- Salary adjustments
- Job assignments
- Layoffs
- Termination
Additionally, these laws apply to all employers in California with 5 or more employees. Employers are also required to have internal policies that cover these issues as well as an internal process for reporting violations of these rules.
Legal Remedies Available To Oxnard Employees
So, what happens if an employer breaks one of these rules? Remember that both the individual engaging in the illegal behavior as well as the employer can potentially be held liable in these cases. In some situations, the individual might even be subject to criminal charges, depending on the specifics of their conduct.
There are a few different remedies that are available in employment-related cases. First, the employer may be required to change their policies or provide training to employees to help prevent the behavior in the future.
The employee may also be entitled to receive financial compensation. Employees are entitled to recover both economic and non-economic damages in these types of cases. Some common economic damages awarded in these cases include lost wages, future lost earnings, job search expenses, and even medical bills.
Non-economic damages help compensate victims for the mental anguish suffered as a result of the situation. Finally, punitive damages may be awarded in some of these cases, especially where the employer’s conduct is malicious or extremely egregious. Punitive damages are designed to punish the employer and prevent similar conduct in the future.
It is best to seek the advice of an experienced employment lawyer in Oxnard who can help assess your situation and estimate the value of your case.
Contact An Oxnard Employment Lawyer Today To Learn More About Your Legal Options
Employment disputes can be complex and difficult to prove. You need an experienced attorney who knows how to handle and win these types of cases. The Oxnard employment attorneys from Gutierrez Law Firm have a proven track record of success, and we are ready to help you too. Contact us today to schedule a free consultation and learn how we can get you the compensation you are legally entitled to. Give us a call or send us a text message at (213) 460-8380 today to talk with our Oxnard employment lawyers.