Orange County Employment Lawyer
Many people underestimate the value that an employment lawyer can bring to their companies. Our Orange County employment lawyers leverage their extensive business and litigation experience to advise clients on employment law matters, assisting them in favorably resolving disputes or even avoiding potential ones.
For our employer clients, we strive to address their diverse needs, including legal and regulatory responsibilities, drafting appropriate employment contracts, and managing workplace complaints and litigation on favorable terms. Whether you require guidance on personnel policies or assistance with an employee’s lawsuit, we offer the employment law expertise you need. We assist our clients in identifying their strongest claims and defenses and selecting the appropriate forum for adjudicating their cases, whether in state or federal court, in an administrative hearing, or through arbitration.
Orange County Employment Attorney
Preventing problems is always preferable whenever possible. Our Orange County employment attorneys excel in helping clients navigate away from numerous challenging employment issues. Employers reap the benefits of our firm’s expertise in identifying and resolving potential problems and exposures at every stage of the employment relationship, spanning from recruitment and hiring to disciplinary actions, severance agreements, and terminations, whether with or without cause.
Our employment law practice works with such issues as
- Discrimination on the basis of age, race, sex, disability or other prohibited classifications;
- Retaliatory termination and whistleblower complaints;
- Unpaid overtime, wage and hour violations, or sales commission claims;
- Disputes over sick leave, family leave, pregnancy or maternity leave, or vacation;
- Independent contractor-employee classification issues; and
- Negotiation and enforcement of severance agreements, non-compete commitments and trade secrets protection.
California Employment Law
With numerous state and federal agencies involved in drafting and enforcing employment law, it’s no surprise that both employees and employers in California often find themselves unaware of their rights or remedies. Unlike many other states with lean, straightforward labor codes, California’s labor code is extensive, requiring parties to navigate through multiple administrative agencies.
Many employers mistakenly 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 numerous pitfalls for employers when terminating an employee or taking actions that could be perceived as adverse. Even the most astute businesses require input from an employment lawyer before 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.
Employment Law under California Laws
Before our firm provides substantive legal advice and develops a sound strategy to address our clients’ individual employment law needs, the Law Offices of Kalab A. Honey (KAH) offers our clients a basic overview of their employment rights and obligations. This initial step helps our employment law clients understand that in the current litigation climate of California, the occurrence of litigation does not necessarily imply wrongdoing or illegality.
While California has distinct employment laws compared to federal employment laws, it’s crucial for employers and employees to comprehend both. This understanding equips them to handle current and future employment-related legal matters more effectively. Employers facing legal action, such as discrimination or harassment lawsuits, require the support of an aggressive and competent employment law attorney. Furthermore, it’s essential for both employers and employees to recognize that there are multiple avenues to exercise employment-law rights in California, each requiring a different strategy. Please refer below for a brief overview of the various 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.
Employment Representation with KAH
Employers: In regards to employers, having an experienced employment attorney will ensure that regardless of whether the employee files a private lawsuit against you under FEHA or if the DFEH or EEOC prosecutes you, you are competently represented. Our firm’s commitment and experience will allow you to continue running your business stress-free.
Employees: Although there are options for employees to file their complaints or charges with the DFEH or EEOC respectively, it is generally a long and arduous path that might not bear fruit. We at the KAH bypass the filing process with the DFEH and EEOC, and bring your case to life immediately without unnecessary delays and without running the risk of not having your case prosecuted at all. Both the DFEH and EEOC are limited in their resources and time, and you may have to deal with months or even years of unnecessary delay. If you have been discriminated against in the workplace, it is highly recommended that you seek an effective and efficient attorney.