The Santa Ana Employment Lawyers at Bisnar Chase are dedicated to helping wronged workers protect their rights and secure fair compensation for their losses.
We have more than 46 years of experience handling employment law cases and protecting the rights of those who have been victims of negligence or wrongdoing on the part of others, which may include individuals, entities, or large corporations. Our Santa Ana employment attorneys have a comprehensive understanding of the protections and safeguards of state and federal laws that workers are entitled to in Santa Ana, California.
The Personal Injury Law Firm of Bisnar Chase handles a number of employment cases, such as severance, hostile work environments, sexual harassment claims, and wrongful terminations.
If you have experienced harassment, retaliation, or unfair treatment at work, contact us at 949-203-3814 for a free consultation.
Am I Entitled to Severance Pay if I work in Santa Ana?
Severance agreements explain the terms for the end of an employee’s relationship with an employer. Typically, the agreement will state a set amount of compensation to be paid to the employee when he or she leaves the company. This payment may include a set amount of wages, unpaid vacation time, bonuses, commissions, or other types of compensation.
If you have been let go from your job, or laid off, discussing fair severance pay with your employer could be intimidating. However, if you are not clear or don’t agree with the severance agreement, do not sign it.
Do not be pressured to give up your rights.
When there is no specific contractual obligation or an employment policy, California employers are not required by law to provide severance pay. However, there are a number of factors that could affect the amount of money or level of benefits that you could receive from your employer as part of your severance pay.
Some of the factors that might affect your severance pay include:
- the amount of time you’ve served with the company
- your seniority
- the size and profitability of the company and the circumstances under which your employment was terminated
Even though you may not be able to negotiate the amount of severance pay your employer offers, you may be able to do so for other types of non-monetary compensation such as continued medical and dental benefits, a favorable letter of reference, and retention of company property such as a laptop or cell phone.
Hostile Work Environment
A hostile work environment occurs when an employee experiences harassment in the workplace to the extent that offensive, intimidating, abusive, or oppressive behavior creates an intolerable work environment.
Conduct is also considered hostile when it interferes with a worker’s ability to perform his or her job.
Often, a hostile work condition could result from workplace harassment due to a person’s:
- race
- religion
- color
- gender
- disability
- age
If you are being subjected to any unlawful employer behavior because of your age, race, gender, sexual orientation, disability, religion, national origin, pregnancy, etc. you may be able to seek compensation for your losses by filing an employment lawsuit. Suppose you are facing consistent hostile behaviors that are pervasive and continue over time and disrupt your ability to perform your job duties or interfere with your career progress. In that case, your employer may be in violation of California and federal laws.
The Orange County workplace harassment lawyers of Bisnar Chase represent clients in various cases involving a hostile work environment. With our legal representation, our clients have gained over $800 million in compensation, including those for employment disputes. When you call our law offices, you will receive a free consultation with one of our top-notch legal experts.
Contact us at 949-203-3814.
Sexual Harassment in the Santa Ana Work Environment
It is unlawful under state and federal laws to harass a person because of his or her sex.
Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature. Harassment does not necessarily have to be of a sexual nature and could include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both the victim and the harasser could be either a man or a woman and the victim and harasser could be of the same sex.
The law does not prohibit simple teasing, offhand comments, or isolated incidents. However, harassment is illegal when it is so frequent or severe that it creates a hostile work environment or when it results in an adverse employment decision such as the victim being fired or demoted.
The harasser could be the victim’s supervisor, a supervisor in another area, a co-worker, or even someone who is not an employee such as a customer or a client.
Wage and Hour Labor Law Claims
California Labor Code 512 states that :
An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
This means that if an employer interferes with rest breaks and meal breaks it can be deemed as an illegal act upon a worker. The employee is not required to complete job duties such as simply answering phones or dealing with customers when on breaks or meal times
If the employee does have to perform tasks during their work break they must be compensated. Similar regulations also apply to an employee working overtime. Employers must pay workers if they are working “off-the-clock.”
Bisnar Chase's Wrongful Termination Lawyers Will Help You
Like many states, California is an “at-will” state, which means employers can fire employees without providing a reason. However, there are situations where firing an employee could be illegal and considered “wrongful termination.”
When employees have an actual or implied contract with their employer, they cannot be terminated without just cause. Finally, employees cannot be fired for refusing to do something illegal.
Employers also cannot retaliate against an employee who is a “whistleblower” or someone who files a complaint with the government about unsafe conditions or illegal activities taking place at the workplace. If evidence shows that an employer was made aware that an employee was working “off-the-clock” and was not paid for the duration of their work, the employer is now in violation of specific labor laws.
Contact our Experienced Santa Ana Labor Law Attorneys for a Free Consultation
If you or a loved one has been the victim of wage violations, hostile work environment, harassment, and wrongful termination you may be able to receive compensation for your losses.
Our Santa Ana Employment Lawyers have been representing employees who are being mistreated in the workplace and being denied their basic civil rights.
Our mission statement vows “To provide superior client representation in a compassionate and professional manner while making our world a safer place.”
Since 1978, the law firm of Bisnar Chase has been specializing in various practice areas in Southern California locations such as Orange County and Los Angeles.
Our employment law attorneys believe that employees who have suffered at the hands of a negligent or a predator supervisor should have justice.
Call us at 949-203-3814 for a free consultation on your employment claim.
Contact the law offices of Bisnar Chase today.
