Employment Law

Employment Law encompasses almost all aspects of the employee/employer relationship other than the actual negotiation process covered by labor law and collective bargaining. Many of the employment laws in place today, such as minimum wage regulation, were enacted as protective labor legislation.

While these are only a few of the most common employment law cases, each requires professional representation to successfully represent your case in a court of law. Our attorneys represent the Los Angeles region, as well as many areas in Southern California.

Employment Law Includes:

• Employment Discrimination
• Pensions
• Collective Bargaining
• Workplace Safety

Hershey Law Offers Representation in:

• Discrimination
• Wage and Hour
• Wrongful Termination
• Harassment
• Whistleblower

Employment Law & Labor Attorney

You Deserve Fairness and Equity in the Workplace

As someone who works hard every day, it can be frustrating and demoralizing to feel like your employer is taking advantage of you. Unfortunately, this is a reality that far too many people have experienced. When working conditions aren’t fair, it’s easy to disengage from work and lose motivation. Our employment and labor lawyers at Hershey Law are passionate about standing up for workers and holding employers accountable when they treat their employees unfairly. We offer our legal services to workers in Los Angeles, CA, and the surrounding area.

Whether it’s discrimination, sexual harassment, retaliation, wrongful termination, wage and hour disputes, or any other employment law matter, we’re here to fight for your rights and ensure that you’re being treated fairly in the workplace. Don’t suffer in silence – let the employment lawyers from Hershey Law help you get the justice you deserve.

What Is Employment Law?

Employment law encompasses almost all aspects of the employee/employer relationship other than the negotiation process covered by labor law and collective bargaining. This includes issues regarding compensation, working conditions, safety standards, insurance coverage, and discrimination cases.

To ensure that each worker receives fair pay and safe working environments, employers must follow strict federal, state, and local rules to avoid legal problems.

If you feel that your employer has violated the terms and conditions of your employment, speak with our Los Angeles employment attorneys today! We’ll listen to your story, investigate your employment law claim, explain your options, and advise you on how best to proceed.

Understanding Employment Law

The basic premise of employment law is to protect workers from being wronged by their employers. In California, the laws regulating employment and employers cover:

Minimum Wage
Overtime Pay
Disability Benefits
Family Medical Leave Act (FMLA)
Sexual Harassment
Workplace Discrimination
Workers Compensation
Meal and Rest Breaks
Retaliation
Occupational Safety and Health

Besides these legal rights, employment conditions vary greatly from company to company. Your employer may operate within the bounds of the law, but still commit unethical acts or engage in unfair practices. It is often difficult for employees to recognize illegal activity.

If you’re a California employee, you benefit from having strong employment rights. However, these rights come with corresponding responsibilities. At our employment law firm, we know what you need to protect yourself and hold your employer accountable.

Don’t wait – contact us today to request a free consultation with one of our labor attorneys to discuss your case.

Types of Employment Cases

California employment law is vast and includes complex regulations. At Hershey Law, our firm represents employees in several different types of cases:

Discrimination

Under Title VII of the Civil Rights Act of 1964, employment discrimination based on protected characteristics such as race, color, religion, gender, pregnancy, or national origin is prohibited. Another key piece of legislation is the California Fair Employment and Housing Act (FEHA), which prohibits discrimination in all aspects of employment, including hiring, firing, compensation, and promotion. It also expands the protected characteristics to include gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, disability, age, criminal background, and more.

The Equal Opportunity Employment Commission (EEOC) is charged with enforcing Title VII and FEHA.

Wrongful Termination

California is an at-will employment state, meaning that either party can terminate the employment with no reason given. At times, however, this rule doesn’t apply; if employees feel they were terminated due to discriminatory reasons, they can sue their former employer for wrongful termination.

FEHA allows employees to file claims for wrongful termination if they were fired based on retaliation or because of their race, gender, ethnicity, disability, sexual orientation, age, religion, national origin, or another protected characteristic.

Harassment

Under FEHA, any verbal or physical conduct that unreasonably interferes with an individual’s ability to perform their job duties or creates a hostile work environment constitutes harassment. This includes both direct and indirect behavior.

An example of harassment would include being called offensive names, receiving unwanted sexual advances, and being subjected to negative comments about your appearance. Contact a Los Angeles employment lawyer immediately if you feel you have been subjected to harassment in the workplace.

Wage and Hour

State wage and hour laws require certain standards of pay for non-exempt (non-salaried) employees. Employers must pay at least the minimum wage. They must also pay overtime rates for each additional hour worked above the standard workweek (8 hours per day, 40 hours per week). In addition, employers must give workers proper rest and meal breaks, cannot require them to work without pay, and cannot misclassify workers as independent contractors to avoid these regulations.

Hershey Law has been representing employees in wage and hour claims for many years and has a proven track record in getting fair compensation for any wage theft, unpaid wages, or other violations.

Whistleblower

According to the California Labor Code, public agencies must provide certain protections for whistleblowers who report wrongdoing. These policies help ensure that reporting misconduct is encouraged rather than punished.

At Hershey Law, we represent employees who are seeking relief under the Whistleblower Protection Act (Labor Code 1102.5). Under this act, the penalties for retaliation against those who whistleblow on employer corruption or other illegalities can be severe.

Retaliation

Retaliating against an employee who has filed a claim under FEHA or reported unethical conduct could result in a lawsuit. Many laws prohibit discrimination or retaliation against protected individuals, including federal employment laws such as Title VII and the Americans with Disabilities Act (ADA).

The employment lawyers at Hershey Law fight for the rights of hardworking people every day. Let a labor attorney from our law firm help you if you were retaliated against!

Empower Your Workplace Rights With a Skilled Labor Attorney

Hershey Law provides representation for California employees to maintain safe workplaces, fair conditions, and equal opportunities in the workplace. The Los Angeles employment lawyers at our law office offer legal counsel in all areas of employment law. We represent individuals and groups of employees in litigation and administrative proceedings for all types of employment disputes.

Contact Us Today!

Contact us today if you are interested in speaking with a knowledgeable labor attorney regarding your employment rights and responsibilities. You may reach out directly by calling 310-929-2190 or contacting us online.

Severance Agreement Review and Negotiation

Severance Agreement Review and Negotiation Lawyers in Los Angeles

At Hershey Law, we review and negotiate the severance agreement terms before an employee agrees to accept it. Employers don’t always act in the best interest of departing employees and may draft one-sided contracts that also violate the Employment Act.

Our seasoned attorneys fiercely support you during these challenging times by ensuring the agreement does not waive your essential rights. We also help you calculate your severance pay and other benefits you may be eligible to receive, which means you can secure a fair amount from your employer.

The Purpose of Severance Agreements for California Employees

Also known as a separation agreement, the severance package governs the terms of an employee's termination. These legal documents outline the lump sum severance payment and other severance benefits you will get in exchange for surrendering the opportunity to sue your former employer or take other legal actions against them. Though it may seem like these agreements are only beneficial for employers, they can be equally advantageous for employees who understand and negotiate the terms with the help of our professional attorneys.

Types of Severance Agreement Disputes

While these contracts are created to prevent employee-employer conflict, they are usually the source of disputes. The most common types of severance agreement issues include:

Pay Problems

Sometimes, the offered severance is different from what you deserve. The calculations could be messy, or clauses might restrict your future earnings.

Confidentiality and Non-Compete Clashes

Overly broad non-compete clauses can choke your career options, so disagreements over the duration and scope of these restrictions can erupt.

Benefits Bust-ups

The employer may deny or limit your access to benefits such as retirement plans or vacation time. It can result in eligibility disputes.

Unlawfully Waiving Rights

Unintended surrender of legal claims like discrimination or wrongful termination could lurk in hidden clauses, which can result in a legal battle. Also, signing the agreement under pressure or without legal guidance can throw its validity into question. Resolving a severance agreement dispute becomes challenging if you accept the contract with its terms. When you appoint our lawyers to review the confidentiality agreement, we protect you from all the pitfalls. Dial 310-929-2190 to schedule an appointment and understand the separation agreement in detail.

We Help You Get Maximum Benefit from the Severance Agreement

The journey after your employment ends can be financially and mentally exhausting. However, a severance agreement can act as the support you need during such challenging times. Here's what our employment attorneys do to ensure the contract is equally favorable for you as it is for your employer.

Reviewing and Analyzing Termination Agreement

Our legal team thoroughly reviews the severance packages, ensuring clarity and identifying potential risks. We focus on non-disclosure, non-compete clauses, and other critical elements to provide a clear understanding of the agreement's terms.

Negotiating for Better Severance Pay and Benefits

We have a team of skilled negotiators who work to secure the most advantageous severance pay and benefits for you. We strive to maximize financial aspects, whether it is extending medical benefits, additional compensation, or other perks, aligning with your needs and industry standards.

Identifying and Asserting Potential Legal Claims

We determine circumstances leading to your termination, such as exploring potential legal claims against the employer. From wrongful termination to discrimination, we assert these claims strategically during negotiations to safeguard your rights.

Drafting Counter-Proposals and Revisions

To craft persuasive counter-proposals, our legal team revise the severance agreement terms that address your concerns. We aim to ensure the final agreement is fair and comprehensive.

Contact Hershey Law to Receive a Fair Severance Package

Don’t want your employer to decide your future with a severance agreement? Take charge of the situation with our attorneys. We review your employment details including pay and benefits you are entitled to receive as per the governing law. Additionally, we negotiate with your employer for your rights and advocate for your best interests. Do not leave your financial future to chance. Secure it today by booking a free consultation with our Employment team.

Employee Rights And Legal Safeguards Under California Layoff Laws

Employee Rights And Legal Safeguards Under California Layoff Laws Lawyers in Los Angeles

The impact of layoffs on employees and their families cannot be overstated. Whether driven by economic downturns, corporate restructuring, or cost-cutting measures, layoffs can have far-reaching implications for employees. Recognizing the vulnerability of employees during such turbulent times, California’s labor laws provide a robust framework of legal protections that are designed to safeguard employees’ rights and ensure fair treatment during layoffs. In this article, we take a look at the various protections available for employees under California layoff laws.

What Is a Layoff?

Under California law, a layoff – also referred to as downsizing – is defined as the termination of employees on a temporary or permanent basis due to reasons unrelated to their performance. Layoffs can occur due to various reasons including economic downturns, outsourcing and offshoring, mergers and acquisitions, business closures, and other unforeseeable business circumstances.

Laws and Regulations Governing Layoffs in California

The most important laws and regulations governing layoffs in California include:

California Worker Adjustment and Retraining Notification (WARN) Act

The California WARN Act requires employers with 75 or more employees to provide at least 60 days' advance written notice to affected employees under the following circumstances.

Mass Layoff: A layoff in which 50 or more employees are terminated within a 30-day period
Relocation: When an employer relocates their entire commercial or industrial operations or a substantial portion of them to a new location which is located at least 100 miles away from the current location
Plant Closure: When an employer shuts down their commercial or industrial operations

California Fair Employment and Housing Act (FEHA)

FEHA prohibits discrimination and harassment based on race, gender, age, disability, sexual orientation, and several other protected characteristics. Employers are required to make sure that layoffs do not disproportionately impact employees due to their protected characteristics and they must be able to demonstrate legitimate, nondiscriminatory reasons for workforce reductions.

California Unemployment Insurance Code

The California Unemployment Insurance Code provides benefits to eligible workers who are unemployed through no fault of their own, including those who are laid off. Employees who are laid off might be entitled to receive unemployment insurance benefits, subject to eligibility requirements and certain limitations.

Federal WARN Act

In addition to state laws, federal laws like the federal WARN Act also apply to layoffs in California for employers with 100 or more employees. The federal WARN Act requires covered employers to provide at least 60 days' advance notice in the event of plant closures, layoffs affecting 50 or more employees (if they account for at least 1/3rd of the workforce), and mass layoffs affecting 500 or more employees.

How Our California Employment Lawyers Can Help You during a Layoff

Here is how our California employment lawyers at Hershey Law can help you during a layoff.

We can help you understand your rights under California's WARN Act and other applicable laws. We can explain the legal requirements regarding advance notice, severance pay, continuation of benefits, and other entitlements that might apply to your situation.
If you have an employment contract, we can review the terms and conditions to determine any contractual rights or obligations related to layoffs, severance, or other benefits. We can advise you on the enforceability of contractual provisions and any potential claims for breach of contract.
We can negotiate with your employer for a fair severance package that includes monetary compensation, continuation of health benefits, outplacement services, and other benefits. We can advocate for your interests and ensure that the terms of the severance agreement are fair and equitable.
We can assess whether the layoff may give rise to legal claims related to wrongful termination, discrimination, retaliation, or violations of labor laws. We can conduct a thorough review of the circumstances surrounding the layoff to determine the viability of potential claims.
If we determine that your rights have been violated or that you have been unlawfully terminated, we can assist you in filing administrative charges with government agencies like the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). We can also file lawsuits on your behalf to seek damages, reinstatement, or other remedies.

Damages Our California Employment Attorneys Can Potentially Recover for Violations of California WARN Act

If your employer fails to provide you advance notice of a mass layoff, plant closure, or relocation, we can work to recover the following damages and benefits for you.

Back pay for the period of violation (from the date of violation to the date on which you were notified)
The value of benefits you are entitled to, but were denied during the period of violation (including health insurance coverage, retirement contributions, and other monetary benefits)
Statutory penalties (up to $500 per day for each day of the violation period)
Attorney’s fees and other legal costs

Have You Been Laid Off Unlawfully? Fight Back with Our California Employment Law Attorneys!

If you have been laid off in violation of the California WARN Act or any other applicable laws, the experienced employment lawyers at Hershey Law can help you fight back and recover the damages you are owed. We can hold your employer accountable for their legal violations, determine the damages and other benefits you are entitled to under the law, and negotiate or litigate if necessary to recover what you are owed. Do not let your employer get away with violating your legal rights. Call us today at 310-929-2190 or fill out our online contact form to schedule a free consultation with a California employment lawyer at our firm.