EMPLOYEE'S FIRST
California Employment Attorney Putting Employee's First.
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Los Angeles Employment Law Attorney Providing Representation to Victims Throughout California
Employees are the heart of every business and a company’s most valuable asset.
Workers don’t live to work, but many employees work to live and support their families. Aside from that, our work defines who we are and brings us pride. At Nabati Law we respect employees and put employees first. We know that companies are made up of individual employees who collectively create the workforce that drives America’s economy. Therefore, it is an employee’s job to invest in its people and treat them fairly and the law agrees.
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Employees deserve to work in a workplace that is free from inequality, discrimination, and abuse. California and federal law protect employee’s rights. Employers hope that employees don’t know their rights, or worse, intimidate them into silence if they do. Thus, employers continue to subject workers to unfair and illegal conditions knowing that victims of their illegal practices are often too fearful to speak out.
Their unfair and discriminatory labor practices can range anywhere from misclassification, wrongful termination, discrimination, harassment, wage and hour violations, retaliation, failure to pay commissions and fair wages, Family and Medical Leave and California Family Rights Act violations, defamation claims, severance agreements, failure to give a reasonable accommodation, and more.
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These labor violations are not only illegal, but also cheat hard workers out of wages and benefits. Worse, hardworking employees miss opportunities to grow and earn more wages all while accumulating stress.
Don’t let employers benefit at your expense.
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Your
Employee
Rights
Employees have the right to work in a workplace that is free from inequality, discrimination, and hostility.
As an employee, California law affords you many rights including:
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Equal treatment under the law
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Full and equal pay
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Meal and rest breaks
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Pregnancy or disability leave
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Leave to care for your family
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To return to work after a leave of absence
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Disability or medical accommodations to perform your job functions
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Not to be discriminated again
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Not to be harassed
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Not to be retaliated against for pointing out violations of the law or defending your rights under the law
We Put You First
While employers put themselves first, Nabati Law puts employees first.
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If you have been discriminated against, harassed, treated unfairly or subjected to illegal practices at work, Nabati Law is here for you. Nabati Law has experience representing employees against employers in a variety of employment law cases. We understand your livelihood is at stake and that being jobless can have devastating consequences on both your financial and emotional well-being. We know that often times your job is responsible for not only supporting you but your family and loved one.
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Nabati Law has the resources, experience and passion to represent you against your employer. We ensure that your interests are put before your employers, and that you are no longer silenced by your greedy, discriminatory, or unfair employer.
As a California employment law firm representing employees, never employers, Nabati Law offers representation to employees in all areas of employment law, including, but not limited to the following practice areas:
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Wrongful termination
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Workplace Discrimination including age, sexual orientation, medical condition, pregnancy, race or national origin, religion
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Whistleblower Retaliation
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Equal Pay and Gender Discrimination
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Misclassification
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Sexual Harassment
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Sexual Abuse
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Wage & Hour Violations
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Failure to accommodate
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Failure to engage in an Interactive Process
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Hostile Work Environment
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Denial of Leave of Absence
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Racial Harassment
Full List of Employment Law Services
Wrongful Employment
Practices
Workplace Harassment
Retaliation
Workplace Sexual Harassment
Pregnancy Discrimination
Disability Discrimination
Workplace Safety Violations
Gender Discrimination
Gender Identity/Expression Discrimination (Transgender Rights)
Sexual Orientation Discrimination
Race Discrimination
National Origin Discrimination
Ancestry Discrimination
Medical Condition Discrimination
Sex Discrimination
Age Discrimination
California Family Rights Act (CFRA)
Failure to Train Supervisors
Unsafe Workplace
Wage Hour Violations
Whistleblower
Wrongful Termination
Violation of Family and Medical Leave Law
Covid-19
Wage & Hour
Violations
Minimum Wage
Overtime
Off-the-Clock Work
Meal & Rest Periods
Unreimbursed Business Expenses
Exempt Employee Misclassification
Independent Contractor Misclassification
Gender-Based Pay Discrimination
Vacation Pay Forfeitures
Late Final Paycheck/ Waiting Time Penalties
Illegal Wage Deductions
Invasions of Privacy
Defamation
What to Expect
STEP ONE
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Free Consultation
First you contact Nabati Law either by email, form, phone, or text. We are happy to assist you by learnings about your case and answering any questions you may have. Once you explain your case to us, we let you know whether you have a viable claim. All consultations are confidential.
EMPLOYMENT LAW
FAQ'S
Who qualifies as an employee in California?
The California Labor Code defines who is considered an employee versus an independent contractor. Generally speaking, an employee is someone who works for a company or business, has set hours, performs work that is part of the company’s regular business, receives training and direction from the company, receives an hourly wage or salary, and the company has control over how the work is performed.
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Employees are entitled to employee benefits, and are typically granted more rights than independent contractors and are protected in various ways by federal and state laws.
Who is an independent contractor in California?
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Generally speaking, an independent contractor is someone who is usually self-employed, hired by a company or entity to do a specific job, on a short-term, contract basis, with a specific result, are invoice for their work, and has full control over how the work will be completed.
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To establish whether an individual is an independent contractor rather than an employee, an employer must prove that:
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It does not control how the individual performs the work
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The individual provides a service that is not part of the employer’s usual business and;
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The individual customarily engages in an established business, trade, or profession that is independent of the employer’s business.
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Independent contractors are afforded less rights than employees are afforded. For example, independent contractors may not file wrongful termination claims, although they may bring harassment claims.
Can defamation apply to situations in the workplace?
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Yes. Defamation is when someone’s reputation has been damaged through slanderous (spoken) or libelous (written) comments. An employee’s reputation can become damaged through defamatory statements made in the workplace that if unstopped by an employer can indefinitely damage a hardworking employee’s current employment status and/or future career prospects.
Employer’s, business or entities can be liable for failing to put an end to known harmful conduct among employees that aim to defame and sabotage an employee’s career. Defamation may include scenarios such as:
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An employee spreading false and unfounded rumors about another employee claiming that an employee engaged in theft or is incompetent causing them to be turned down from a job elsewhere
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An employer providing an employee with a false performance review alleging conduct that is untrue and tarnishes the employee’s reputation
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An employee spreading false information about another coworker that causes other coworkers to avoid them or the employer to discipline them
What are some examples of workplace discrimination?
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In California, an employer is prohibited from discriminating against job applicants or current employees on the basis of race, color, gender, religion, sex, national origin, disability, or age. Yet, employers believe that they can slickly get away with their illegal discriminatory practices. This leads employers into creating a hostile and inequitable workplace where an employer or company will favor and treat some employees more favorably than other workers.
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An employer can subject an employee to discrimination in many ways. The following are some examples of workplace discrimination:
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Refusing to hire someone on the basis of their skin color
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Refusing to promote a qualified female employee in favor of a male employee
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Refusing to provide equal opportunities or the same opportunities granted to majority employees to employees of a certain national origin
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Firing a pregnant woman after she has given notice about her pregnancy or after she has returned from pregnancy leave
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Refusing to provide accommodations to certain employees with disabilities or imposing stricter eligibility requirements to screen out potential employees with disabilities
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Firing someone based on their sexual orientation
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How to prepare for filing a suit in California against your employer for harassment, retaliation or discrimination?
There are many things you can do to bolster your claim against your employer for harassment, retaliation, or discrimination including:
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Filing complaints in writing to human resources or the proper supervisor which outline the harassment, retaliation or discrimination in the workplace
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Document all instances of harassment, retaliation or discrimination experienced in your workplace, including all witnesses, names of all parties involved
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Preserve all documents, print all emails, save all correspondence, phone logs, text messages, or other evidence that show harassment, retaliation or discrimination in the workplace
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Promptly learn about how to pursue your claim by consulting with a California Employment Attorney. A California employment attorney will provide you with the right guidance on how to appropriately pursue your employment claim against your employer.
I believe that my employer has misclassified me as an independent contractor, do I have a claim?
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Employers commonly engage in evasive practices, such as misclassifying employees, to circumvent certain laws and save money or avoid providing employees certain employee benefits like health benefits. Misclassification is when an employer, business, or entity improperly report that a certain individual is an independent contractor instead of an employee for their own greedy benefit and to their employee’s detriment. Independent contractors are not entitled to full employee benefits or legal protections the same way that employees are and must file their own taxes at well. Therefore, it is enticing for an employer to report that one of their workers is an independent contractor when in reality that worker is an employer and entitled to benefits such as minimum wage and meal and rest break protections.
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To know whether you are being misclassified, it is important to generally understand the differences between an employee and independent contractor. Employees are under the command of their employer, perform work that is in the course and scope of the employer’s business, are told when and where to work, guaranteed minimum wage, meal and rest breaks, entitled to employee benefits, and more. In contrast, independent contractors are usually hired by a company on a short-term contract basis, complete specific projects for the company, are invoiced for their work, retain control over their work product and how it is completed, and are usually self-employed.
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If you believe that you are being misclassified, it is wise to consult with an employment to attorney to determine your rights and compensation at stake.
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What is employer retaliation?
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Employers are prohibited from punishing an employee for filing a complaint or a lawsuit against their employer. This is known as retaliation. California law legally protects employees against retaliation from their employers when they pursue their rights. A worker can actually bring forth an additional cause of action against their employer if their employer has retaliated against them. An employer can retaliate against a worker in many ways. For example, an employer can:
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Reduce a worker’s salary
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Fire a worker
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Demote a worker
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Re-assign the worker to a less-desirable job
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Re-assign the worker to a shift that is inconvenient or creates conflict for the worker
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Exclude the worker from essential workplace activities
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Fail to provide equal benefits to the worker
What is wrongful termination in California?
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California is an at-will state meaning that California employers can fire an employee’s without cause, at any time, without notice, for any reason under the sun, except for an illegal reason. If an employer has fired an employee for an illegal reason, meaning in violation of the employee’s legal rights, that employee may have a wrongful termination claim. In California, wrongful termination laws prohibit employers from firing employees for a number of reasons. Similarly, Federal law also provides illegal reasons for firing an employee.
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There are many scenarios that may provide an employee grounds for a wrongful termination lawsuit against an employee, including:
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Firing an employee out of retaliation
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Discrimination
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Firing a whistleblower
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Firing an employee who refuses to engage in illegal practices for their employer
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California law has some of the most employee friendly laws that protect employees against employers who wrongfully terminate them. If you believe that you may have been fired by your employer for an illegal, or unfair reason, Nabati Law may be able to help you recover compensation from your employer for their unfair and illegal practices. Compensation may include unpaid wages, back pay or other forms of compensation you are entitled to as a result of their wrongful termination.
What is the process for filing a suit in California against an employer for harassment, retaliation or discrimination?
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To file a lawsuit for harassment, retaliation or discrimination under the Fair Employment and Housing Act (FEHA) in civil court, an employee must first complete some preliminary steps to be granted their right to sue in court.
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First, an employee must file a charge with the Department of Fair Employment and Housing (DREH) within three years of the date of the alleged violation
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Next, the employee must receive a right-to-sue letter from the DFEH before being able to file a lawsuit. Employees may request and be granted an immediate right-to-sue letter. Alternatively, they may receive a right-to-sue letter after the DFEH investigates an employee’s complaint and decides to bring a lawsuit against the employer. If the DFEH decides to pursue the employee’s claim, it will notify the employee of its decision within 150 days of receiving the employee’s initial complaint and will grant the employee a right-to-sue letter if the employee requests one.
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After the employee has received right to sue letter from the DFEH, the employee has one year from the date it was issued to file a lawsuit in civil court against his or her employer.
Consult with a California employment attorney to ensure that you are filing out your forms correctly and adequately. You do not want to unintentionally or accidentally fill out your forms wrong and leave out allegations you have against your employer. Furthermore, consulting with a skilled California employment attorney will ensure that you handle your civil case properly with someone skilled, knowledgeable and on your side.
What are examples of harassment at work?
Harassment can include sexual harassment or general harassment that creates a hostile and abusive work environment. Generally, workplace can include instances where workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical sexual conduct by their employer. Workplace harassment also includes quid pro qui harassment, meaning that the harassment is so pervasive that is had altered the conditions of an employer’s employment. For example, an employer may force an employee to tolerate sexual harassing behavior from a supervisor as a condition to continue employment.
Examples of workplace harassment include, without limitation:
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Making unwelcome comments to male or female worker about his or her appearance or body
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Making a vulgar or sexual joke to a coworker
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Using ethnic slurs or racial epithets
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Making prejudicial statements about a worker’s sexual orientation
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Making prejudicial statements about an employee’s birthplace or family heritage
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Making negative comments about an employee’s religious beliefs
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Making negative comments or jokes about the age of an employee over the age of 40
Employment Law Resources
We are a full-service firm. We are here for you whenever, wherever. If you want to meet in person, but cannot drive to our office, we will drive to you. We also offer online video consultations, phone consultations, and text consultations. Below are some resources that may help provide immediate attention to you and your case. These valuable resources may also help keep you informed about your employee and civil rights.