Employment
Depressed economic conditions have stressed workplaces and the employer-employee relationship to greater lengths. Unfair and illegal treatment of employees occurs in an atmosphere where the threat of unemployment makes employees afraid to speak out against injustice.
The attorneys of Pocrass, Heimanson & Wolf, LLP help obtain justice for employees injured by the unscrupulous, unfair and dangerous practices at their workplaces. Our experience includes claims of:
- Breach of Contract
- Discrimination – Gender, Sex, Age, Race
- Meal and Rest Break Violations
- Sexual Harassment
- Wage and Hour, Overtime Payment Violations
- Wrongful Termination
For example, we have represented a pilot whose complaint on safety compliance resulted in his retaliatory firing by his employer. We protected the rights of another client, a waitress in a restaurant who discovered she had been the victim of a long-term peeping Tom peering at her in the restaurant's restroom. Her retaliatory firing claims included the emotional distress she suffered from the incident.
Obtaining Justice in Wrongful Termination Claims
Wrongful termination claims involve being fired or laid off unfairly. This may include illegal firing because of pregnancy or filing a worker's compensation claim. In other incidences, an employer may state that you breached a contract or the company's policy.
In our experience, we have found it is important to act quickly and seek counsel if you believe you are about to be unfairly fired or have been terminated. Credibility and documentary evidence are critical aspects of these cases. Our attorneys can provide early advice and counsel to help protect your rights and better position you should you receive a notice of termination.
Employees in California Wage and Hour Claims
If you were not paid for working overtime, you may have a wage and hour claim against your employer. Wage and hour claims are not determined by whether you were on salary or paid by the hour. What matters is if your position is considered exempt or non-exempt.
Usually, employees who are exempt are in executive, supervisory, professional or in outside-sales positions. These employees are often on salary.
Non-exempt employees must be paid at least minimum wage for each hour worked. They must be paid overtime of not less than one-and-a-half times their regular hourly pay for each hour worked, in excess of 40 hours per week, or more than seven hours a day.
The attorneys at Pocrass, Heimanson & Wolf, LLP are skilled at making wage and hour claims for employees and can evaluate your claims in this area.
Protecting Victims of Workplace Discrimination and Sexual Harassment
Federal and California laws ban discrimination in housing, employment, as well as in many other areas. It is against the law to discriminate against people because of their race, religion, sex, gender, age, national origin, or disability.
Employment discrimination is more than just not being hired. It also includes the effects the discrimination has on promotions, raises and assignments. Being harassed or segregated also is a form of employment discrimination.
Sexual harassment can take many forms, including being subjected to vulgar jokes or pornography, being touched inappropriately, being asked for sexual favors, or being treated as a sexual object.
These claims often hinge on a he said-she said contest of credibility, and require strategic and experienced advocacy to uphold the rights of an injured client.
Should you make a discrimination claim against your company, federal law protects you from the company punishing and retaliating against you for bringing a lawsuit. The attorneys of Pocrass, Heimanson & Wolf can advise and counsel you of your rights in the face of employment discrimination.