Newport Beach Employment Law Overview

Dealing with unlawful termination, harassment, or discrimination can be incredibly stressful. If you believe your employer is unlawfully engaging in any of these practices, it’s a good idea to contact an attorney immediately. The longer you let the unlawful behavior go on, the more negative consequences you may suffer as a result. Sessions & Kimball has been helping employees fight for their employment rights since 1985. We have an excellent reputation with our clients, opposing counsel, and the courts. When you hire us, everyone will know that you’re serious. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.

 

What An Employment Lawyer Will Do For You

If you believe that you’ve been treated unlawfully in the workplace, it’s essential to contact an attorney. They will help you with a number of things, including the following:

  1. Determine if you have a claim
    When you speak with an experienced employment law attorney, they will be able to help you figure out if what you’re experiencing is simply unpleasant or if it’s unlawful. If they determined that you have a viable lawsuit, they will help you with the next steps.
  2. Determine the statute of limitations
    The statute of limitations is one of the most important things to know when you’re considering filing a lawsuit. You must file your lawsuit within a certain period of time. Depending on the type of case, the deadlines can vary. Having an experienced attorney will be really helpful so you can figure out when to file so you don’t miss out on what you’re owed by missing an important deadline.
  3. Collect evidence
    Another crucial aspect of filing a lawsuit against your employer is collecting all relevant and necessary evidence. This might include emails, text messages, internal documents, and more. The right lawyer will know exactly what you need to obtain, and they’ll be able to assist you in getting the evidence.
  4. Negotiate
    It’s absolutely crucial that you find an attorney who knows how to negotiate. The majority of employment law claims settle before they ever get to trial. This can save everyone involved a lot of time, money, and stress. When you find a firm that truly knows how to negotiate, you can be confident that you’ll get you the best deal possible.
  5. Trial
    While being an effective negotiator is critical, it’s also important that the firm you hire isn’t afraid to go to trial. Sometimes the offer you receive before a trial takes place just won’t be acceptable. If this is the case, you need to make sure you have a lawyer who is experienced and willing to fight for you in the courtroom.

Leave You’re Entitled To That You Might Not Be Aware Of

Many people think employment law only relates to being discriminated against on the basis of protected characteristics, such as race, sex, or national origin. However, there are many other types of rights that employment laws provide for you in California.

Jury Duty or Subpoena Leave

If you are required to serve on a jury or act as a subpoenaed witness, your employer is not permitted to terminate you or discriminate against you for taking time off for this. The only requirement is that you provide reasonable notice to your employer. While they are required to give you the time off, your employer does not have to pay you for the time off. Some employers decide to offer paid time off for court-related leaves of absence, but that’s entirely within their discretion.

Literacy Education Leave

According to the Employee Literacy Assistance Act, employees are permitted to take unpaid leave to participate in an adult literacy program. This law applies to private employers who have at least 25 employees. An employer is required to make reasonable accommodations to help an employee attend this type of program if the employee can establish that they are illiterate and they disclose their illiteracy to their employer. Your employer cannot discriminate against you for participating in a literacy program.

Military Spouse Leave

According to California’s Military Spouse Leave Law, employees who work at least 20 hours per week can take military spouse leave. Employers must follow this law if they employ at least 20 employees. The law gives military spouses up to 10 days of unpaid leave that can be used while a spouse is away on deployment.

Crime Victims Leave

An employee that is the victim of a crime is entitled to take leave for judicial proceedings related to the crime. The employer is not permitted to discriminate against an employee who takes advantage of this time off.

Domestic Violence Victim Leave

If you are a victim of domestic violence, sexual harassment in Newport, or stalking, you are permitted to take time off from work to obtain domestic violence protection, such as a temporary restraining order. Your employer cannot discriminate against you for taking this time off, and they cannot retaliate against you. As a victim of domestic assault, you also have the ability to take time off from work to ensure the health, safety, or welfare of yourself or your child.

Sessions & Kimball Is Here For You

Sessions & Kimball has been your go-to employment law firm for decades. We truly care about every client we represent. We want to make sure you are heard and understood. If you have an employment law issue and you need help, don’t hesitate to contact us. We will do everything in our power to ensure you get the justice you deserve. More than 90 percent of our cases are successfully resolved without ever having to file a lawsuit. That doesn’t mean we are afraid to go to trial. We will do whatever it takes to make sure you get everything you’re entitled to. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.