The attorneys at Simonian & Simonian, PLC represent employees who have been treated unfairly in the workplace. The most common types of claims include:
Wrongful Termination – All employment in California is considered to be at-will unless otherwise specified. Under the at-will presumption, a California employer, absent an agreement or statutory or public policy exception to the contrary, may terminate an employee for any reason at any time. However, employees are often terminated or laid-off for unlawful reasons. We investigate each of our clients’ cases to determine whether they have a viable claim for wrongful termination.
Discrimination, Harassment, and Retaliation - Employers are prohibited from discriminating against job applicants and employees because of a protected category, or retaliating against them because they have asserted their rights under the law. Employers are further prohibited from harassing an employee, job applicant, an unpaid intern or volunteer, or a contractor based on a protected category. Protected classes include: Race, color, national origin, religion, age (over 40), mental or physical disability, sex/gender, sexual orientation, gender identity, medical condition, genetic information, martial status, and military or veteran status.
Employee Misclassification – The misclassification of employees as 1099 independent contractors vs. W-2 employees presents one of the most serious problems facing affected workers, employers and the entire economy. Misclassified employees are denied access to critical benefits and protections to which they are entitled, such as the minimum wage, overtime compensation, meal and rest periods, family and medical leave, unemployment insurance, and safe workplaces.
Overtime Violations – The Labor Code requires employers to pay non-exempt employees overtime for all hours worked over eight hours in any workday and over 40 hours in the workweek. If an employee exceeds 12 hours of work in any workday, an employer is obligated to pay him/her double overtime. Employees who have not been compensated for overtime are entitled to such wages in addition to various penalties.
Meal and Rest Periods – The Labor Code requires employers to provide all nonexempt employees with one 30-minute unpaid meal period for every five consecutive hours worked. If the employee works more than 10 hours per day, he or she must be given a second 30-minute meal period. Employers are further required to authorize and permit all non-exempt employees to take 10 minutes of net rest time for every four hours of work time or major fraction thereof. Employees are entitled to one hour of premium pay for all missed meal periods in a given day, and an additional hour of premium pay for all missed rest periods in a given day.
Serving the Glendale and Greater Los Angeles, California area, our experienced attorneys can help you with any of the above, as well as help you determine if you have a case against your employer and which of these categories your issue falls under.
We work with my individuals who have not only been the victim of discrimination or wrongfully terminated but also help those who are being punished for standing up to their boss or other cases involving:
Hostile Work Environment
Vacation or Paid Time Off
Late Payment of Wages
Failure to Pay Wages upon Job Separation
Negotiating Employment Contracts
Reviewing Severance Agreements
If you are in the Glendale, California area or the surrounding areas, contact our attorneys today for help.