San Bernardino Employment Law Attorney
Employment law is a complex and ever-changing area of today’s legal landscape. Every day, businesses must grapple with new laws and regulations that impact how they can hire, fire, and manage their workforce. At the same time, employees must understand their rights in the workplace and be able to assert them when necessary. One of these categories of employment law is wage and hour law.
Wage and hour laws protect workers from being exploited by their employers. These laws establish minimum wage rates and the maximum hours that workers can be required to work. They also prohibit employers from requiring employees to work off the clock or during meal breaks. If you have been unlawfully denied wages or required to work excessive hours, you may be able to file a claim against your employer. A successful claim could result in the recovery of your unpaid wages and damages for any harm that you have suffered. Working directly with an experienced employment lawyer is the best way to ensure that your rights are protected and that you receive the total compensation you are entitled to.
Proudly Serving San Bernardino, CA Employment Law Disputes
At Ferraro Vega, we are proud to serve the needs of workers in San Bernardino, California. Our attorneys have experience handling a wide range of employment law claims, including those involving wage and hour violations. We understand the unique challenges that workers in this area face, and we are committed to fighting for their rights. Lauren Vega is one of those experienced attorneys. Born and raised in San Bernardino, Lauren knows the area and the people who live here. She is a strong advocate for workers’ rights and is ready to put her skills and experience to work for you
What Employment Law Disputes Commonly Arise in San Bernardino?
There are many different types of employment law disputes that can arise in San Bernardino. Some of the most common include:
- Wage and hour disputes: If you have been denied proper compensation for your work, or if you have been required to work excessive hours without proper compensation, then you may have a claim under California’s wage and hour laws.
- Discrimination and harassment: California law prohibits workplace discrimination and harassment. If you have been treated unfairly because of your race, color, national origin, religion, sex, sexual orientation, or disability, then you may have a claim for discrimination or harassment.
- Wrongful termination: California is an at-will state, which means that employers can fire employees for any or no reason. However, there are exceptions to this rule. If you have been fired in violation of public policy or in breach of an employment contract, then you may have a claim that you can advance with a wrongful termination lawyer.
- Accommodations and leaves: California law requires employers to provide reasonable accommodations to employees with disabilities. You may have a claim if you have been denied any accommodation that you need, or if you have been retaliated against for requesting accommodation. California law also gives employees certain rights to take leave from work for medical or family reasons.
- Retaliation: California law prohibits employers from retaliating against employees who engage in protected activities, such as reporting discrimination or filing a wage and hour claim. If you have been retaliated against for engaging in a protected activity, then there are grounds to investigate the specific act from an employment law perspective.
- Non-competes: These are agreements between employers and employees that prevent employees from competing with their employers after their employment has ended. Non-compete agreements are generally unenforceable in California, but you should have an experienced attorney review any agreement before you sign it. Additionally, if an employer is trying to prevent you from leaving to work for a competitor, it could be considered interference with prospective economic advantage, which is a type of claim that can be brought under California Law.
- Severance agreements: If you have been offered a severance agreement, it is important to have an experienced attorney review it before signing it. Severance agreements are generally binding and can waive important rights that you may have.
- Sexual harassment: Sexual harassment at work is unlawful under California law. This includes any unwanted sexual advances, requesting sexual favors, or engaging in any sexually explicit language or behavior. You may have a claim against your employer if you have been the victim of sexual harassment in the workplace.
- Bonuses and commissions: These financial incentives are often used to motivate employees to perform well. If you have not been paid a bonus or commission that you are owed or have not received the full amount that you are owed, this is enough legal grounds to launch an investigation to earn what is rightfully yours.
- Vacation, PTO, and Benefits: Employees in California are entitled to accrue vacation time and be paid for it when they leave their job. If you have yet to be paid for your accrued vacation time, or if you have been denied vacation time that you are entitled to, then you may have a claim against your employer. Additionally, if your employer has unlawfully terminated your health insurance or other benefits, this can be another basis for a claim.
What Evidence Can Support a Wage and Hours Claim?
To support a wage and hour claim, an employee must make the connection between the number of hours worked and the compensation received. This can be done through a few different types of evidence:
- Time records: Employees should keep records of their work hours, either through a timekeeping system or their own personal records. This can be in the form of a timesheet, a daily log, or even just a personal calendar. By having this strictly documented, an attorney can review the records and use this as evidence to support the larger claim that the employee was not paid for all the hours that they worked.
- Pay stubs: These documents show how many hours that an employer says an employee worked and how much they were paid for those hours. If you are making the accusation that you were not paid for all the hours you worked, then these records can be used as evidence to support that claim. For example, sharing your time record sheet and comparing it to your pay stubs can help to show that you were only paid for some of the hours that you claim to have worked.
- Email or text messages: If you have any email or text messages between you and your employer regarding the hours you worked or the compensation you were supposed to receive, then these can be used as evidence in your case. These messages can help show what your employer knew about the hours you were working and when they knew it.
- Bank records: Your bank records can also be used as evidence in your case. These records can help determine how much money you were paid and when you were paid. This can be helpful in cases where an employer claims that they paid you for all the hours you worked, but you have no record of receiving that compensation.
What Forms of Compensation May Be Owed?
There are a few different types of compensation that may be owed to an employee who has not been paid for all of the hours that they worked:
- Unpaid wages: This includes any regular wages, overtime wages, vacation pay, or commissions that you are owed. Successfully proving that you are owed these wages can result in you being awarded the full amount of unpaid wages, plus interest, as a form of compensation for the damage you suffered when missing out on this income.
- Unpaid bonuses: If you are owed a bonus for meeting certain criteria at work, such as hitting a sales goal, then you may be entitled to that bonus even if you have already left the company. If your employer refuses to pay you the bonus that you are owed, you may be able to file a claim to get that money. Only certain types of bonuses are considered to be earned wages, so it is important to speak with a labor attorney about whether the bonus you are owed would fall into this category.
- Penalties: In some cases, an employee may be entitled to penalties in addition to the unpaid wages that they are owed. These penalties are meant to punish the employer for their actions and to deter them from engaging in similar behavior in the future. The amount of these penalties will depend on the specifics of the case, but they can be a significant amount of money.
- Unpaid sick leave: If you have accrued sick leave, you may be entitled to be paid out for that sick leave even if you have already left the company. This is especially true if you were not allowed to use that sick leave before you left.
- Unpaid vacation: If you have accrued vacation time, you may be entitled to be paid out for that time even if you have already left the company. This is because vacation time is considered earned wages, and the law does not allow employers to withhold earned wages from employees.
San Bernardino Employment Lawyers FAQs
Q: How Much Do San Bernardino Employment Attorneys Cost?
A: The cost of an employment lawyer in California will depend on the specifics of your case, the lawyer’s experience, and the lawyer’s fees. In most cases, you will be responsible for paying the lawyer’s hourly rate for their time working on your case. You may also be responsible for paying other fees, such as filing fees or expert witness fees. In some cases, you may be able to negotiate a contingency fee arrangement, which would mean that you would only have to pay the lawyer if they are successful in getting you compensation. The best way to get an estimate of the cost of an employment lawyer in California is to schedule a consultation with a lawyer and get a custom quote.
Q: What Do Employment Lawyers Deal With?
A: Employment lawyers in California deal with a wide range of employment-related issues, such as wrongful termination, discrimination, sexual harassment, and wage and hour violations. An employment lawyer can help you understand your rights and options if you have been mistreated at work or are not being paid what you are owed.
Q: Can You Sue Your Employer for Unfair Treatment?
A: In some cases, you may be able to file a claim against your employer for unfair treatment. This will depend on the specifics of your case and the laws that apply in your jurisdiction. If you believe that you have been treated unfairly at work, you should speak with an employment lawyer to discuss your options. You will likely have the right to file a claim if you have been the victim of discrimination, sexual harassment, wrongful termination, or any other scenario where you have been treated unfairly or unlawfully at work.
Q: How Do Employee Rights Lawyers Work?
A: Employee rights lawyers represent employees who have been mistreated or who have not been given their full benefits by their employers. These lawyers may also help employees negotiate their contracts, and they may file lawsuits on behalf of employees. Because many laws regulate the operation of businesses, employee rights lawyers in San Bernardino must be familiar with a wide range of laws. These include legislation pertaining to San Bernadino labor relations, employment discrimination, workers’ compensation, and all avenues of compensation.
Q: Do I Need an Employment Lawyer?
A: You may require the services of an employment and labor lawyer if you have been mistreated at work, are not being paid what you are owed, or are having difficulty receiving your full benefits. An employment lawyer can help you understand your rights and options and can represent you in court if necessary. If you are unsure whether you need an employment lawyer, it is always best practice to schedule an initial consultation so that you can get more information about your specific case.
Contact Ferraro Vega Today
If you are facing any wage and hour disputes at work, or any other type of employment law issue, the attorneys of Ferraro Vega are here to help you. We are proud to represent the hardworking people of Southern California, and we are passionate about fighting for employee rights. Contact us today to begin a consultation and see what makes Ferraro Vega the best option for employees in San Bernadino.