Irvine Employment Law Overview
If you’ve ever been mistreated by an employer, you know how important it is to understand the relevant employment laws. Whether it’s withholding some of your legally earned wages, misclassifying you as an independent contractor, or discriminating against you for unlawful reasons, it’s totally unacceptable when an employer treats you poorly or illegally. Sessions & Kimball has been assisting employees for decades. When we take your case, you don’t pay us anything until we successfully recover compensation for you. You’ll never have to pay us out of your own pocket. If you’re dealing with an employment issue, contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.
Employment Law FAQ
We’ve received many questions over the course of our career, and there are a few inquiries that keep recurring. We thought it would be helpful to put together a short frequently asked question section for you about some employment law issues.
Can I File A Lawsuit For Sexual Harassment If There Weren’t Any Witnesses?
In short, yes. While it’s definitely more challenging to file a lawsuit for something when there are no witnesses, it’s also very common that workplace sexual harassment is done behind closed doors. If your employer or a co-worker is sexually harassing you, they’re often smart enough not to do so in public. If there’s any evidence, such as documents, texts, or emails, make sure you keep those handy to show your lawyer. Any evidence you can show that sexual harassment occurred will be helpful in proving your case.
Does California Law Require Employers To Provide Paternity Leave?
In California, eligible employees have the right to take up to 12 weeks of family leave per year. This type of leave can be used to bond with a child, including adopted children, or to care for your parent, spouse, or child who has serious health issues.
Should I Hire An Attorney Before I File A Harassment Or Discrimination Complaint?
Yes! While you may not think you need an attorney at the time, it could be valuable to at least speak with one before you talk to your employer or file a former complaint. A lawyer will be able to offer advice and let you know what steps currently need to be taken. Additionally, if an employer sees that you have an attorney, they are likely to take you more seriously.
What Are The Most Common Types Of Employment Law Issues?
If you’re struggling with an employer who is treating you unfairly or you believe you’ve been wrongfully terminated, it can be incredibly stressful. There are also a lot more employment issues other than wrongful termination. The most common types of employment law issues include the following:
- Whistleblower Retaliation
- Wage Issues
- Severance Agreement/Packages
- Wrongful Termination Disputes
- Contract Violations
- Leaves Of Absence
How Much Do Employment Lawyers Usually Cost?
Generally, employment lawyers will charge you on a contingent fee basis. This means that you won’t pay anything unless you recover compensation through a settlement or a lawsuit. Once you recover compensation, your lawyer will take a percentage of the settlement for their fee. This is a great model because you’ll never be responsible for coming up with money out of your own pocket.
In a California employment law case, a contingency arrangement must be in writing. The document must include the following information:
- Details on the rate you and your lawyer have agreed to;
- A statement detailing how expenses and costs will be calculated and how they impact the total amount the client receives;
- Information on whether the client will be responsible for associated attorneys’ fees incurred from related matters that arise outside of the contingency arrangement; and
- Any other necessary details
What Are The Costs Of A Case Besides The Attorney’s Rate?
Many people don’t realize that lawsuits can be very expensive. In addition to agreeing to pay your attorney a certain percentage of any compensation you are awarded, there are other costs that will be taken out of your portion as well. Some additional costs include court filing fees, court reporter’s fees, subpoena and process serving fees, expert witness fees, and more. All of this will be your responsibility if you win the case and it will come directly out of your compensation before you receive it.
Should I Try To Negotiate A Settlement Without An Attorney?
Absolutely not. While you certainly can try, you likely won’t get anywhere. If you start talking to your employer about money and settlements, they will probably reach out to their attorney immediately. If you work for a large company, they will probably have an attorney on staff whose sole job is to deal with discrimination, harassment, and other employee complaints. They will do everything they can to draw the case out for as long as they can, and make it as difficult as possible for you to recover any compensation. If you get a lawyer and have them negotiate, your employer will know you are serious, and you will almost certainly end up with a better settlement offer. If a settlement can’t be reached, your employer will know that you are serious and ready to take the case to trial.
Let Us Help You
At Sessions & Kimball, our primary goal is to help you get justice. This sometimes comes in the form of compensation, but it can also come in the form of a promotion, reinstatement, or simply making your employer take accountability for their unlawful and unfair actions. Whether your dispute involves, harassment, wrongful termination, retaliation, or other types of discrimination, we have the experience and resources to provide effective and aggressive representation for all of our clients. We are Southern California’s premier law firm and devote all of our time and energy to employees’ rights. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.