Valencia CA Attorney | Business Litigation, Family Law, Appeals

Protecting Your Workplace Rights

Employment disputes can be emotionally draining and financially devastating. Whether you're an employee facing wrongful termination or discrimination, or an employer defending against unfounded claims, I provide experienced litigation representation in State and Federal Courts to protect your rights and interests.

With decades of experience in employment law litigation, I understand the complexities of California and New York employment laws and how to navigate the legal system to achieve the best possible outcome for my clients.

Employment Law Services

Wrongful Termination

Representation for employees terminated in violation of employment contracts, public policy, or anti-discrimination laws.

Discrimination Claims

Fighting workplace discrimination based on race, gender, age, disability, religion, or other protected characteristics.

Wage & Hour Disputes

Recovering unpaid wages, overtime, meal and rest break violations, and other wage and hour violations.

Harassment Claims

Pursuing claims for sexual harassment, hostile work environment, and workplace bullying.

Retaliation Claims

Protecting employees who face retaliation for whistleblowing or exercising their legal rights.

Employment Contracts

Litigation involving breach of employment contracts, non-compete agreements, and severance disputes.

Why Choose My Firm

Extensive Trial Experience: Decades of experience in State and Federal Court employment litigation.
Dual State Licensing: Licensed to practice in New York and California state and federal courts, providing comprehensive representation.
Personalized Attention: Direct access to an experienced attorney who understands the emotional and financial impact of employment disputes.
Strategic Advocacy: Aggressive litigation strategies tailored to your specific situation and goals.

California Employment Law Guide

Understanding your rights and protections under California employment law

1. Understanding At-Will Employment in California

California is an "at-will" employment state, meaning employers can terminate employees at any time for any lawful reason, and employees can quit at any time. However, this doesn't mean employers have unlimited power.

Important Exceptions to At-Will Employment

Discrimination: Cannot terminate based on protected characteristics (race, gender, age, disability, religion, etc.)
Retaliation: Cannot fire employees for whistleblowing, filing complaints, or exercising legal rights
Public Policy: Cannot terminate for refusing to violate the law or performing a legal duty (like jury service)
Implied Contract: Employee handbooks or verbal promises may create contractual obligations

2. Protected Classes Under California Law

California's Fair Employment and Housing Act (FEHA) provides broader protections than federal law. Employers with 5 or more employees cannot discriminate based on:

Race and color
National origin and ancestry
Religion and creed
Age (40 and over)
Sex and gender
Gender identity and expression

Sexual orientation
Marital status
Military and veteran status
Physical or mental disability
Medical condition
Genetic information

3. Wage and Hour Laws in California

California has some of the strongest wage and hour protections in the nation. Violations are common and can result in significant damages.

Minimum Wage

California's minimum wage is $16.00 per hour (2024), but many cities have higher local minimum wages. Employers must pay the highest applicable rate.

Overtime Pay

Non-exempt employees must receive overtime pay:

• 1.5x regular rate for hours over 8 in a workday or 40 in a workweek
• 1.5x regular rate for the first 8 hours on the 7th consecutive workday
• 2x regular rate for hours over 12 in a workday
• 2x regular rate for hours over 8 on the 7th consecutive workday

Meal and Rest Breaks

Meal Breaks: 30-minute unpaid meal break for shifts over 5 hours (second meal break for shifts over 10 hours)

Rest Breaks: 10-minute paid rest break for every 4 hours worked (or major fraction thereof)

Penalty: One hour of pay at regular rate for each day a meal or rest break is not provided

Employee Misclassification

California's ABC test (AB 5) makes it difficult to classify workers as independent contractors. Misclassified employees are entitled to:

• Unpaid wages and overtime
• Meal and rest break premiums
• Expense reimbursements
• Benefits and protections under employment laws

4. Harassment and Hostile Work Environment

Harassment is unwelcome conduct based on a protected characteristic that creates an intimidating, hostile, or offensive work environment.

Types of Harassment

Quid Pro Quo: Job benefits conditioned on sexual favors or submission to unwanted conduct
Hostile Environment: Severe or pervasive conduct that creates an abusive workplace
Third-Party Harassment: Harassment by customers, vendors, or other non-employees

Employer Liability: Employers are strictly liable for harassment by supervisors and can be liable for co-worker or third-party harassment if they knew or should have known and failed to take corrective action.

5. Retaliation Protection

California law prohibits retaliation against employees who engage in protected activities. Retaliation claims are among the most common employment law violations.

Protected Activities Include:

Filing discrimination or harassment complaints
Reporting wage and hour violations
Whistleblowing about illegal activities
Taking protected leave (FMLA, CFRA, pregnancy disability)
Requesting reasonable accommodations
Participating in workplace investigations
Discussing wages with coworkers

Proving Retaliation: You must show (1) you engaged in protected activity, (2) your employer took adverse action against you, and (3) there was a causal connection between the two.

6. Disability Discrimination and Reasonable Accommodations

California law requires employers to provide reasonable accommodations for employees with physical or mental disabilities, unless doing so would cause undue hardship.

What is a Disability?

Under FEHA, a disability is any physical or mental condition that limits a major life activity. This is broader than federal ADA standards and includes conditions like pregnancy, cancer treatment side effects, and mental health conditions.

Examples of Reasonable Accommodations

• Modified work schedules or part-time work
• Reassignment to vacant positions
• Ergonomic equipment or workspace modifications
• Leave of absence beyond FMLA/CFRA entitlements
• Modified job duties or restructured positions
• Remote work arrangements

Interactive Process

Employers must engage in a good-faith interactive process to identify reasonable accommodations. Failure to engage in this process is itself a violation, even if a reasonable accommodation doesn't exist.

7. Family and Medical Leave Rights

California employees may be entitled to protected leave under multiple laws, each with different eligibility requirements and protections.

California Family Rights Act (CFRA)

Eligibility: Employers with 5+ employees; employee worked 1,250 hours in past 12 months

Leave: Up to 12 weeks per year for birth/adoption, serious health condition, or military family leave

Protection: Job restoration and continued health benefits

Pregnancy Disability Leave (PDL)

Eligibility: Employers with 5+ employees; no minimum hours requirement

Leave: Up to 4 months for pregnancy-related disability

Important: PDL and CFRA don't run concurrently—eligible employees can take up to 7 months total

Paid Family Leave (PFL)

State disability insurance program providing partial wage replacement (60-70% of wages) for up to 8 weeks to bond with a new child or care for a seriously ill family member.

8. Filing an Employment Law Claim

Understanding the process and deadlines for filing employment law claims is critical to protecting your rights.

Administrative Requirements

Before filing a lawsuit for discrimination, harassment, or retaliation, you must file a complaint with the California Civil Rights Department (CRD, formerly DFEH) or the federal EEOC.

Deadline: Generally 3 years from the last act of discrimination (1 year for EEOC)

Statute of Limitations

• Wage claims: 3 years (4 years for written contracts)
• Wrongful termination: 2-4 years depending on basis
• Breach of contract: 2 years (oral) or 4 years (written)
• PAGA claims: 1 year from violation

Don't Wait

Deadlines are strict and missing them can permanently bar your claims. Consult with an employment attorney as soon as possible after experiencing workplace violations.

9. Damages and Remedies in Employment Cases

Successful employment law claims can result in various forms of compensation and relief.

Available Damages

Economic Damages: Lost wages, lost benefits, future lost earnings
Emotional Distress: Compensation for mental suffering and anguish
Punitive Damages: Available in cases of malice, fraud, or oppression
Attorney's Fees: Prevailing employees can recover attorney's fees and costs
Injunctive Relief: Reinstatement, policy changes, training requirements

10. Protecting Your Rights: What to Do

Document Everything

Keep detailed records of incidents, including dates, times, witnesses, and what was said or done. Save emails, text messages, and other communications.

Report Violations Internally

Follow your employer's complaint procedures when possible. This creates a record and may be required to hold the employer liable.

Consult an Attorney Early

Don't wait until after you're terminated. An attorney can advise you on protecting your rights and preserving evidence while you're still employed.

Don't Sign Without Review

Never sign a severance agreement, release, or settlement without having an attorney review it first. You may be waiving valuable rights.

Next Steps: Protect Your Workplace Rights

Don't let workplace injustice go unchallenged. With decades of experience in employment law litigation in State and Federal Courts, Richard Marcus provides aggressive representation to protect your rights and pursue the compensation you deserve. Contact me today for a comprehensive evaluation of your employment law matter.

Schedule Your Consultation

Employment Law Litigation