Frequently Asked Questions

What is elder abuse?

The CDC defines elder abuse as “an intentional act or failure to act that causes or creates a risk of harm to an older adult.” Elder abuse can take many forms, including physical abuse, sexual abuse, emotional and psychological abuse, financial abuse, as well as a neglect of basic necessities. The National Council on Aging reports that approximately five million elderly people are abused each year across the United States.

Can I sue for sexual harassment without a witness?

If you have been the victim of sexual harassment in the workplace, you have every right to seek justice and restitution for what happened. Workers in California can and do win sexual harassment cases when there have been no witnesses. Often, a person commits sexual harassment when they know that nobody else is watching just so that there are no other witnesses. That does not mean that they are absolved of any crime.

Do I have to file a complaint with HR before I hire a lawyer?

No, you do not have to file a complaint with human resources before you hire a lawyer to handle issues in your workplace. In fact, an attorney will be able to help you with any complaints that you make to your employer. With a skilled employment lawyer becoming involved early in the process, you can be sure that you say and do the right things to ensure you are treated fairly.

Can I file a lawsuit against my employer?

Yes, it is certainly possible for employees to file lawsuits against their employers when they have experienced wrongdoing in the workplace. It is not uncommon for employees to file lawsuits for discrimination, sexual harassment, wrongful termination, wage and labor disputes, and more. There are various steps that need to occur before a lawsuit is filed, including filing a claim with the EEOC or the DFEH, but an attorney can help you with this.

What is employer retaliation?

Retaliation in the workplace can be defined as a form of discrimination that occurs when the employer takes adverse action against an employee, applicant, or other covered individual because they have engaged in a protected activity. This could include a worker filing a complaint about unlawful activity in the workplace, sexual harassment, discrimination, disability requests, and more. Often, employer retaliation takes the form of demotion, lower pay, less desirable work assignments, and even wrongful termination.

What is the compensation for wrongful termination in California?

Every wrongful termination case in California is different, though employees who prevail with these cases are often entitled to various types of monetary damages. Wrongful termination damages can include lost wages and benefits, compensation for emotional distress, compensation for loss of professional reputation, attorneys fees, and possible punitive damages against the employer for their wrongdoing. The total amount of compensation available in these cases will vary depending on the facts related to each particular situation.

What should I do if I know I am being discriminated against but don't have proof?

Any person who feels they have been discriminated against in the workplace should call a firm that specializes in employment law to see if they have a valid claim. However, proving these cases can be difficult. First, the person who faces discrimination must be a part of a protected group due to their age, race, gender, religion, pregnancy status, sexual orientation, etc. Second, they must have been doing their job reasonably well and suffered an adverse employment decision as a result of the alleged discrimination. In these cases, the burden of proof typically shifts to the employer, who must come forward with a legitimate, nondiscriminatory reason for the adverse situation the employee experienced (i.e. termination, demotion, etc.).

Proving these cases can rely on testimony from other coworkers, emails, text messages, or other evidence that can add legitimacy to the claim. Unfortunately, it is very rare for employers to make it discrimination obvious in these cases.

How long do I have to file a wrongful termination in California?

If a person has been wrongfully terminated due to discrimination or harassment in California, there are two time limits that you need to be aware of, and these limits depend on whether the claim is filed at the state or federal level.

When a claim is filed under federal anti-discrimination laws, the employee generally has 180 days from the date of termination to file a lawsuit with the Equal Employment Opportunity Commission (EEOC). This begins the investigation process that could lead to a Notice-of-Right-To-Sue, which allows an employee to bring a civil action in court.

When a federal claim is filed with the Department of Fair Employment and Housing (DFEH) in California, the statute of limitations for wrongful termination cases is 300 days after the date of termination.

If the EEOC or DFEH does not resolve a claim, they will issue their notice of a right to sue. After this notice has been issued, an employee has 90 days to file a civil action in court.

What do wage and hour discrimination look like?

There are various ways in which an employer could commit wage or hourly pay discrimination. Under the Equal Pay Act, it is illegal for an employer to pay women or men less than members of the opposite sex for the same work. This law includes salaries, wages, bonuses, benefits, Holidays, and vacations. When determining whether wage or hour discrimination is present, the law will look at the actual job duties, not job titles. This means that even if you do not have the same title as another person, if you do the same work for the same company, you should receive equal pay. Anytime a person receives lower wages than somebody else within the same company, but they are performing the same job duties, this could certainly be evidence of wage and hour discrimination.

Speak to an attorney today

If you or somebody you care about have experienced issues with your employer, whether related to discrimination, sexual harassment, wrongful termination, or another employment law violation, contact the team at Kaufman Law Firm for help with your case today. Our Los Angeles employment lawyers are standing by to help ensure your claim is fully investigated and that you are fairly compensated for what happened. You can contact us for a free consultation by clicking here or calling us at 818-990-1999.

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When it comes to our clients, each case is highly important. Our clients depend on us to help them achieve their goals. Over the years, the Kaufman Law Firm has taken an aggressive and comprehensive approach. It has been a successful formula that has helped workers recover the maximum settlement. Whether it is in the courtroom or behind the scenes, you can always count on the Westlake Village employment attorney at the Kaufman Law Firm to always be in your corner.

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Terminated?

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Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.

To learn more, contact our Westlake Village or Los Angeles law office today and schedule a free initial consultation to discuss your case.

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