Many people underestimate the service an employment lawyer can provide to their companies. Our Orange County employment lawyers apply their extensive business and litigation experience when advising clients on employment law issues, thus helping them favorably resolve their employment disputes or even avoid potential disputes.
For our employer clients, we strive to meet their diverse needs ranging from legal and regulatory responsibilities to drafting appropriate employment contracts, while avoiding liability, resolving workplace complaints, and concluding litigation on favorable terms. Whether you need advice about personnel policies or assistance with an employee's lawsuit, we have the employment law expertise you need. We help our clients identify their strongest claims and defenses and find the right forum for adjudicating their cases whether in state or federal court, in an administrative hearing or in arbitration.
It is always best to avoid a problem, if possible. Our Orange County employment attorneys can help you steer clear of many thorny employment issues. Employers benefit from our firm's ability to help them identify and resolve potential problems and exposure at all phases of the employment relationship, from recruiting and hiring to discipline, severance, or termination with or without cause.
Our employment law practice works with such issues as
With the number of state and federal agencies involved in drafting and enforcing employment law, it’s no wonder that both employees and employers in California oftentimes are unaware of their rights or remedies. Unlike many other states that have a lean, straight-forward labor code, California’s labor code is vast and forces parties to weave through multiple administrative agencies. Many employers believe that because California is an “at-will” employment state, they can hire and fire at will. While this may technically be true, there are many pitfalls for the employer in terminating an employee or simply taking an action that could be viewed as adverse. Even the savviest business needs the input of an employment lawyer prior to making decisions regarding hiring and terminating employees.
California Employment Law is designed to protect employees and businesses rarely have recourse after spending a small fortune defending frivolous claims. Our employment lawyers can help your company save money in the long term by avoiding costly mistakes. Contact us for your employment law needs in Orange County.
Before our firm takes the initiative to provide any substantive legal advice and/or develop a sound strategy to help with our client’s individual employment law needs, the Law Offices of Kalab A. Honey (KAH) provides our clients a basic overview of their employment rights and obligations. This helps our employment law clients understand that in the current litigation climate of California, the fact that litigation occurs does not mean they did anything wrong/illegal.
Although California has different employment laws than Federal employment laws, it is important for employers and employees to understand both, so that employers and employees will be better equipped in dealing with current and/or future employment-related legal matters. In order for employers to face any legal action, whether it is a discrimination or harassment lawsuit, etc., they need an aggressive and competent employment law attorney on their side. Importantly, employers and employees need to know that there are multiple venues to exercise employment-law rights in California, and each venue requires a different strategy. Please see below for a brief overview of the different venues in California.
DFEH vs. EEOC
Department of Fair Employment & Housing (DFEH)
It is most important to understand that the DFEH is state regulated, meaning that the department only protects Californians. Furthermore, when an employee seeks to file a complaint with the DFEH, he or she must first secure a “Notice of Right to Sue,, while being cognizant of all necessary filing deadlines, and then pursue their employment discrimination and harassment claims pursuant to the Fair Employment Housing Act (“FEHA”) or under the California Family Rights Act if it’s a medical leave claim. FEHA prohibits the harassment and discrimination in employment based on: Ancestry, Age (40 and above), Color, Disability (mental and physical) (HIV and AIDS), Genetic information, Gender, Gender Identity, and Gender Expression, Marital status, Medical condition, Military and Veteran Status, National origin, Race, Religious Creed, Sex, and Sexual orientation.
Equal Employment Opportunity Commission (EEOC)
The EEOC is regulated by the federal government and enforces Federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act, that make it illegal to discriminate against employees based on: Age, Disability, Equal Compensation, Genetic Information, Harassment, National Origin, Pregnancy, Race/Color, Religion, Retaliation, Sex, and Sexual Harassment. It is important to note that before an employee seeks to file a “Charge of Discrimination” they must first make sure that the filing deadline has not passed and then be aware that the employer must have a certain number of employees to be covered by the laws enforced by the EEOC. There are varying “Coverage” requirements for business/private employers, state/local governments, federal government agencies, employment agencies, and labor unions.
The Law Offices of Kalab A. Honey serve employers in all of Orange County California, including Newport Beach, Irvine, Anaheim, Santa Ana, Huntington Beach, Garden Grove, Orange, Fullerton, Costa Mesa, Mission Viejo, San Clemente, and Laguna.