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When you are mistreated at work, we stand up for your rights and hold employers accountable under California law.
Your job is more than a paycheck. It is your livelihood, your stability, and often a large part of your identity. When an employer breaks the law by firing you unfairly, discriminating against you, or refusing to pay what you have earned, the consequences reach into every part of your life. At Nalbandian Law, we represent employees throughout Glendale and across California, and we work to level the playing field between hardworking people and the companies that employ them.
California has some of the strongest worker protections in the country. State law reaches further than federal law in many areas, giving employees the ability to challenge conduct that might be permitted elsewhere. Protections cover the way you are hired, how you are paid, the conditions you work under, the leave you are entitled to take, and the reasons you can lawfully be let go. Those protections only matter, however, if they are understood and enforced.
Our firm helps employees learn what the law actually requires, evaluate whether a violation has occurred, and take meaningful action to recover the compensation and dignity they deserve. The sections below explain the areas of California employment law that most often affect workers, and how a dedicated advocate can help you respond when something has gone wrong.
Most employment in California is considered at-will, which means that in general an employer may end the relationship at any time, with or without cause, and an employee is equally free to leave. Many people hear this and assume they have no rights if they are fired. That assumption is a mistake. At-will employment is only a starting point, and California recognizes several significant exceptions that limit when and why an employer may terminate someone.
An employer may not fire a worker for a reason that the law forbids. It is unlawful to terminate someone because of a protected characteristic, because they exercised a legal right, or because they reported conduct they reasonably believed was illegal. A termination may also breach an express or implied contract, or violate a promise the employer made in a written policy or handbook. When any of these exceptions apply, the at-will label does not shield the employer from responsibility.
Understanding whether an exception applies is often the heart of an employment case. We look closely at the timing of the termination, the reasons the employer gave, the way similar employees were treated, and the documents surrounding the decision. These details frequently reveal that a firing described as routine was actually driven by an unlawful motive.
Wrongful termination is a broad category that covers firings the law does not permit. One common form involves a violation of public policy, which occurs when an employee is discharged for a reason that offends a fundamental public interest. Examples include being fired for refusing to break the law, for reporting unsafe conditions, for taking time off to serve on a jury, or for exercising a right the legislature meant to protect.
Another form is retaliatory discharge, where the employer punishes a worker for complaining about discrimination, reporting wage violations, filing a workers compensation claim, or participating in an investigation. A third form arises when the termination breaches a contract, whether it is a written agreement, an implied promise of continued employment, or an assurance that the employee would only be dismissed for good cause.
Proving wrongful termination usually depends on showing a link between the protected activity or characteristic and the decision to fire. We help clients gather the evidence that establishes this connection, including the sequence of events, internal communications, shifting explanations from the employer, and the treatment of comparable employees who were not fired.
The Fair Employment and Housing Act, commonly called FEHA, is the central California law prohibiting workplace discrimination. It applies to most employers with five or more employees and forbids treating a worker unfavorably because of a protected characteristic. Discrimination can appear in hiring, firing, pay, promotions, job assignments, discipline, and nearly every other term or condition of employment.
The characteristics protected under FEHA are broad. They include the following:
Discrimination is not always obvious. Sometimes it takes the form of a policy that appears neutral but has a disproportionate effect on a protected group. Sometimes it hides behind a pretext, where the stated reason for a decision masks an unlawful one. We examine the full context of a client's treatment to determine whether protected status played a role, and we build a case that brings that reality to light.
Harassment is a form of discrimination that FEHA prohibits, and it can make a workplace unbearable. The law generally recognizes two categories. The first is a hostile work environment, which arises when unwelcome conduct based on a protected characteristic is severe or pervasive enough to alter the conditions of employment. This can include slurs, insults, offensive jokes, intimidation, unwanted touching, or the repeated display of degrading material.
The second category is quid pro quo harassment, which occurs when a supervisor conditions a job benefit on submission to unwelcome sexual advances, or threatens a job detriment for refusing them. In this situation a single incident can be enough to violate the law, because the harasser is using authority over the worker's employment as leverage.
Importantly, harassment liability is not limited to supervisors. An employer can be responsible for harassment by coworkers, and even by non-employees such as customers or vendors, when it knew or should have known about the conduct and failed to take appropriate corrective action. We help clients document what happened, identify who knew about it, and hold the responsible parties accountable.
California's wage and hour laws are detailed and protective, and violations are among the most common problems employees face. The state minimum wage is higher than the federal rate, and many local ordinances set it higher still. Non-exempt employees are generally entitled to overtime pay at one and one half times their regular rate for hours worked beyond eight in a day or forty in a week, and to double time in certain circumstances such as very long shifts.
Beyond wages, the law protects the structure of the working day. Common wage and hour issues include the following:
Misclassification deserves special attention. Whether a worker is truly an independent contractor depends on legal standards that look at how much control the company exercises and whether the work is part of its usual business. Getting this wrong can deprive a worker of overtime, breaks, and other protections that employees are entitled to. We review pay records, schedules, and job duties to determine what a client is actually owed.
The law would mean little if employers could punish workers for asserting their rights. For that reason, California broadly prohibits retaliation. An employer may not fire, demote, cut hours, or otherwise take an adverse action against an employee because that employee engaged in a protected activity, such as complaining about discrimination, reporting a wage violation, requesting an accommodation, or taking protected leave.
California Labor Code section 1102.5 provides strong whistleblower protection. In general terms, it prohibits an employer from retaliating against an employee who reports, or who the employer believes may report, a suspected violation of a law or regulation to a government agency, to a person with authority over the employee, or to another employee with authority to investigate. The protection can apply even when the employee is mistaken, as long as the belief that a violation occurred was reasonable.
Retaliation cases often turn on timing and motive. When an adverse action closely follows a protected complaint, that sequence can be powerful evidence. We help clients preserve the record of what they reported and when, and we connect that record to the employer's later conduct in order to demonstrate an unlawful motive.
Employees sometimes need time away from work for their own health or to care for a family member, and California law protects that need in several ways. The California Family Rights Act, known as CFRA, generally allows eligible employees of covered employers to take job-protected leave for a serious health condition, to care for a family member with a serious health condition, or to bond with a new child. When the leave ends, the employee is generally entitled to return to the same or a comparable position.
Pregnancy is protected separately as well. California provides pregnancy-related leave for employees who are disabled by pregnancy, childbirth, or a related medical condition, and this leave can exist alongside bonding leave under CFRA. Employers are also required to provide reasonable accommodations for conditions related to pregnancy when they are needed.
It is unlawful for an employer to interfere with these leave rights or to retaliate against a worker for using them. Denying leave, discouraging an employee from taking it, or treating someone worse after they return can all give rise to a claim. We help employees understand what leave they were entitled to and whether their employer honored those rights.
Strong documentation can make the difference between a claim that stalls and one that succeeds. If you believe you are being mistreated at work, keep a clear and dated record of what happens. Note the events, who was present, what was said, and how each incident affected your work. Save copies of relevant emails, text messages, pay stubs, schedules, performance reviews, and any written policies, and keep them somewhere outside of company systems that you may lose access to.
Reporting the problem through the proper channels is also important. Many employers have policies that describe how to raise a complaint, often through a supervisor or a human resources department. Following those procedures and keeping a record of your report can protect you, because it shows the employer was on notice and it may itself be a protected activity that shields you from retaliation.
At the same time, be careful. Avoid recording conversations without understanding the legal rules, and do not take confidential company documents that you are not entitled to have. If you are unsure how to proceed, speaking with an attorney early can help you preserve evidence the right way and avoid missteps that could complicate your case.
Many employment claims in California must pass through an administrative step before a lawsuit can be filed. Discrimination, harassment, and retaliation claims under FEHA generally begin with a complaint to the Civil Rights Department, the state agency that enforces these laws. Filing this complaint is an important prerequisite, and it must be done within the time limits the law provides.
In most cases, an employee who intends to file a lawsuit can request what is known as a right-to-sue letter. This document confirms that the administrative requirement has been satisfied and allows the case to move forward in court. There are separate deadlines that apply once the letter is issued, which makes prompt action essential. Wage claims may follow a different path, sometimes through the Labor Commissioner, depending on the nature of the dispute.
These procedures can be confusing, and a missed deadline can bar an otherwise strong claim. We guide clients through the administrative process, prepare the necessary filings, and make sure each step is completed correctly and on time so their rights are preserved.
When an employer violates the law, the goal of a claim is to make the employee whole and to hold the employer accountable. The remedies available depend on the type of case, but they often include several categories of relief.
In cases involving especially serious misconduct, additional damages may be available to punish and deter the employer. The right combination of remedies depends on the facts, and we work to pursue the full measure of relief that a client's situation supports.
Standing up to an employer can feel intimidating, especially when your income and reputation are on the line. Our attorneys guide you through every step so you never have to face it alone. We begin by listening carefully to your story and reviewing the documents that matter, including pay records, performance reviews, emails, personnel files, and any written policies that apply to your situation.
From there, we build a clear picture of what happened and how the law applies. We handle communications with your employer and its lawyers, pursue the appropriate administrative filings when they are required, and negotiate firmly for a fair resolution. When an employer refuses to do right by you, we are prepared to litigate and take your claim to court. Throughout the process we keep you informed, explain your options in plain language, and remain honest about both the strengths and the challenges of your case.
Our firm treats every client with respect and discretion. We know that employment disputes are personal and stressful, and we are dedicated to giving employees a knowledgeable and determined voice at a time when they need it most.
Many employment cases are handled on a contingency basis, which means the attorney fee comes out of a recovery rather than from money paid up front. In addition, many employment statutes allow a prevailing employee to recover attorney fees from the employer. We are happy to explain how fees would work in your specific situation during a consultation.
Employment claims are subject to strict deadlines, and different types of claims have different time limits. Some deadlines are triggered by the unlawful act, and others by the issuance of a right-to-sue letter. Because a missed deadline can prevent an otherwise valid claim, it is wise to speak with an attorney as soon as you suspect a problem.
No. It is unlawful for an employer to retaliate against you for reporting conduct you reasonably believe violates the law. If you were disciplined, demoted, or terminated after making such a report, you may have a retaliation or whistleblower claim.
It is wise to have an attorney review any severance or release agreement before you sign. These documents often ask you to give up valuable rights, and once signed they can be difficult to undo. A review can help you understand what you are being asked to waive and whether the terms are fair.
If you believe your employer has treated you unlawfully, take steps to protect yourself right away. Keep copies of relevant documents, write down what happened while the details are fresh, and avoid signing any severance or release agreement before an attorney has reviewed it. Continue to perform your job professionally, and follow your employer's complaint procedures where that is appropriate.
Because many employment claims are subject to strict deadlines, it is important not to wait. The sooner you speak with an attorney, the more options you are likely to have and the better positioned you will be to preserve the evidence that supports your case. Contact Nalbandian Law to schedule a consultation, and let our experienced and dedicated team evaluate your situation and explain the path forward.
Let our dedicated Glendale team review your situation and help you protect your rights.
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