San Diego Employment Lawyers

What to Do if You Are a Victim of Employment Law Violations?

If you believe you’ve been subjected to violations of employment or labor laws, it’s crucial to take steps to defend your rights. Here are important actions to consider:

1. Document and Collect Evidence: To strengthen your claim, it’s vital to gather tangible evidence of any wrongdoing by your employer. This includes recording dates, times, and locations of the incidents, detailing inappropriate actions or comments, noting potential witnesses and their contact information, and obtaining any relevant CCTV footage of workplace harassment or hostility.
2. Report to Human Resources: Lodging a formal complaint with your HR department is a necessary step for official documentation. This record is important if you need to escalate your claim to legal proceedings, especially if HR fails to address the issue adequately.
3. Avoid Direct Negotiations with Your Employer: Negotiating independently with your employer can be risky because they may pressure you into agreements that limit your rights to pursue legal action. It’s advisable to seek advice from an employment attorney before engaging in discussions.
4. Consult With Experienced Employment Attorneys: Guidance from seasoned employment lawyers, like those at Mesriani Law Group, can be invaluable in navigating your legal claim. Our team of labor and employment law attorneys is dedicated to ensuring you receive the justice and maximum compensation you deserve.

What Damages Can I Seek if my Employment Rights Were Violated?

If your employment rights have been infringed upon, the law allows you to pursue various forms of compensation. However, the outcome of a case depends on the details of your specific case. The types of damages you might be entitled to include:

1. Recovery of Lost Wages and Benefits: This includes compensation for income and benefits lost due to wrongful termination or demotion, which is a frequent element in employment law cases.
2. Compensation for Emotional Distress: You may be eligible for compensation for emotional suffering like anxiety, humiliation, grief, or psychological trauma which stems from wrongful termination, harassment, or other forms of workplace misconduct.
3. Attorney’s Fees and Legal Costs: In cases where the employee prevails in court, California law permits the recovery of attorney’s fees and litigation expenses from the employer in addition to other awarded damages.
4. Interest on Unpaid Wages for Labor Code Breaches: The California Labor Code mandates that employers pay an additional 10% annual interest on any unpaid and overtime wages. Significant monetary penalties may also be due for failing to provide accurate wage statements, proper meal and rest breaks, and timely payment of earned wages upon an employee’s termination or resignation.
5. Punitive Damages: These are awarded not as compensation but as a punitive measure against an employer whose actions are deemed negligent, intentional, or inhumane.
6. Possibility of Reinstatement: While reinstatement isn’t always practical in harassment cases, it may be possible for an employee to be reinstated or placed in a similar position.

Investigation Into Employment Law Violations

Many employees struggle to identify if they have been subjected to discrimination or other types of employer wrongdoing. This is largely due to a lack of familiarity with state and federal laws safeguarding their rights. Determining whether an employer has acted unjustly and gathering convincing evidence can be challenging without the support of an expert employment attorney.

Conducting a detailed investigation into potential violations of employment law by an employer is crucial for a successful outcome in an employee’s claim. During this investigation, our employment attorneys will focus on several key areas:

• Witness Statements: Collecting accounts from coworkers or other witnesses about any misconduct or legal violations committed by the employer.
• Review of Employment Records: Examining records for evidence of the employee’s behavioral or performance issues as claimed by the employer.
• Comparative Treatment Analysis: Identifying any evidence of differential treatment given to other employees in similar situations.
• Signs of Class-Based Hostility: Searching for proof of any hostility directed towards members of a protected class.
• Inconsistencies in Termination Justifications: Investigating for contradictory or shifting reasons provided by the employer for the employee’s wrongful termination.

A meticulous investigation is essential to uncover the full extent of the alleged employment law violations and to strengthen the employees’ claim.

No Win, No Fee

We understand that the main reason why victims of unjust treatment by employers are hesitant to file cases or claim damages against the parties at fault is because of the high legal fees.

In order to help more people get the best compensation they deserve against the people who violated their rights, we decided to offer a contingency fee basis payment solution. This means that our “No Win No Fee” guarantee ensures that you don’t have to pay us anything for our top legal services, regardless of the complexities of your claims, if we are not able to provide you with the justice you deserve.

We offer this because we are confident that our experience, expertise, and dedication will always translate to getting the maximum compensation you deserve at the swiftest possible time. Call our best employment and labor law attorneys in California for any employee-related concerns and we’ll assure you of nothing but the best legal service and personalized client care you deserve.

Don’t Let Your Employer Get Away with Violating Your Employment Rights

It’s crucial to be aware of your employment rights and ensure they are respected. While your employer holds decision-making power and authority within the workplace, this should not come at the expense of your rights being infringed upon. If you find yourself subjected to unfair or illegal actions by your employer, the expert San Diego employment and labor law attorneys at Mesriani Law Group are here to assist you in securing the justice and maximum compensation you are rightfully owed.

Free Consultation with a Mesriani Employment Lawyer

Seeking help to fight your employment violation claim can be stressful and difficult to navigate but Mesriani Law Group can help build a robust claim that stands the best chance at recovering just compensation. Our firm is backed by over twenty years of distinguished experience and features a team of exceptional employment attorneys committed to defending your rights and guiding you through every step of your claim. We confidently offer maximum compensation under a no win, no fee policy.

Lean on us to provide you with expert assistance that you need to reach a verdict in your favor. Reach out to Mesriani Law Group at (310) 826-6300 or contact us online to arrange a complimentary consultation.

Can I sue my employer for unfair treatment?

You can sue your employer for unfair treatment if it constitutes a violation of employment laws, such as discrimination or harassment based on race, gender, age, disability, or other protected characteristics. It’s important to document the unfair treatment and, if possible, seek to resolve the issue internally through HR before moving forward with litigation. Consulting with an employment attorney beforehand is crucial to understand your legal rights and the strength of your case before proceeding with a lawsuit.