Employer Defense Litigation In California
Believe it or not, 52% of all California employers will face employment-related claims. Unfortunately, the majority of them are completely illegitimate and are raised by a disgruntled employee. At Haber Law Firm, APC we recognize how frustrating and unjust it is to have allegations made against you and your business by a former employee. You’ve worked hard and made great sacrifices to build your business, don’t let a ridiculous claim take that away from you. If you’re a California employer and facing employment litigation, contact our Encino employer defense attorney at Haber Law Firm, APC today. We can discuss your situation in detail and determine the best path forward to defeat any false claims.
Employee Allegations Can Arise At Any Time
Even though California is classified as an “at-will” state, employers may be held liable when labor laws are violated. When an employee sues their employer, it does not necessarily imply that the company will be held responsible. It’s not uncommon for disgruntled workers or managers to make fraudulent claims against businesses. Even still, having the assistance of a skilled Encino employer defense attorney is crucial to creating a solid case and securing a favorable result for you and your company. Many reasons might induce an employment disagreement at any point in the connection between employers and employees, including:
All actions taken by various individuals involved in each of these stages should be recorded in files kept by the employer for many years following the employee’s departure. The employee has a limited amount of time, after which he or she can sue an employer over alleged harassment, discrimination, retaliation, or other employment law problems. Depending on the sort of complaint filed by the employee, the statute of limitations may differ.
California Statute Of Limitations For Common Employment Law Claims
Statutes of limitations for employment law claims in California are quite short. For example, if you’re a union employee, you only have six months after the end of your employment to submit a claim that your employer violated your Collective Bargaining Agreement and that your union failed to fairly represent you.
You have 1 year from the date you were harassed, discriminated against, or retaliated against to file an administrative complaint with the California Department of Fair Employment and Housing, and only 1 year from your Right to Sue Notice to launch a discrimination, harassment, or retaliation case. You also have just 1 year to bring claims for penalties under Labor Code Section 1101.09 and a lawsuit for defamation.
But you have 2 years to file most claims for wrongful termination or retaliation, 2 years to sue for breach of an oral agreement, and 2 years to file a claim alleging your employer has engaged in outrageous workplace conduct with the intention of causing you emotional distress.
You have 3 years from the date your employer last paid you to claim for unpaid wages or overtime that you were lawfully entitled to, three years to sue for fraud, and four years to sue for breach of a written employment contract.
Protecting Business Owners And Employers from Liability
When an employee files a lawsuit against his or her employer, the company and the individuals involved may suffer significant losses. To safeguard the business’s interests and protect owners and managers from personal responsibility, an experienced Encino employer defense lawyer should be hired to handle employment conflicts appropriately. The problem might expand or begin to involve other workers if it isn’t handled promptly. If handled correctly,
Choosing the right business entity is one way to keep a company owner from being held liable. A small business law attorney may assist in determining which business structure offers the greatest protection. It can be done at any time during the company’s existence, or it can be completed through a company’s reorganization. This procedure enables each owner’s personal funds to be kept separate from those of the firm. Depending on the chosen business entity, certain procedures such as adopting a Board of Directors may assist to deter employee lawsuits by fostering a good, solid corporate culture. Furthermore, maintaining up-to-date records and documents is an additional method for the firm to avoid litigation. The truth is that documents and paper trails are important since they can help establish a strong case.
Common Employment Law Claims Employers Face
At Haber Law Firm, APC, we know that managing a staff of any size in any sector or industry presents significant operational challenges. Whether you need more personnel to expand, create internal rules to ensure everyone’s safety and equality, or downsize to pivot to a new growth area, having access to an experienced employment law attorney in Los Angeles County can assist your organization to avoid common blunders that may harm your personal and professional reputation. Our Encino employer defense attorney represents clients in the following legal disputes and litigation areas:
- Breach of Contract
- Alternative Dispute Resolution
- Employee Privacy
- Family and Medical Leaves
- Class Action Defense
- Disability Discrimination
- Workplace Investigations
- Management Training
- Sexual Harassment
- Wage and Hour Compliance
- Unfair Business Practices
- Whistleblower Claims
- Wrongful Termination
- Workplace Violence
- Reductions in Force/WARN Act Compliance
Haber Law Firm, APC will consider all mitigating circumstances and resolution choices in order to obtain the finest possible outcome for your particular needs while also standing firmly beside you with a strong litigation strategy to minimize any potentially harmful results. If you’re an employer in California facing employment allegations, contact our employer defense attorney in Encino today.
What Constitutes Wrongful Termination in California?
“Wrongful termination” is a term used to describe the end of an employment relationship without cause or justification, as prohibited by the Fair Employment and Housing Act (FEHA) and other federal laws. Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 are just a few examples of federal legislation that could serve as a basis for a wrongful termination claim. If you terminate employment because it fits one of these categories, you may be filing a wrongful termination lawsuit:
- The termination infringes the provision of any California or federal law
- It breaks the terms of an employment contract
- It disregards the employer’s specified employment and termination guidelines
- It is founded on discriminatory reasons
- It retaliates for an employee’s exercise of protected activity
- It is in breach of public policy
A wrongful termination lawsuit may be filed under statutory, judicial, or employment contract protections. The continual development of case law and the passage of new legislation create a dynamic work environment in California. An experienced Encino employer defense attorney closely monitors changing winds to ensure employers are up to date on preventing and defending unlawful termination claims in the state.
Contact Our Encino Employer Defense Attorney Today
Take proactive measures to prevent conflicts with employees to create a pleasant and efficient workplace that uses each employee’s talents to propel your company forward. However, not all conflicts can be resolved on your end, in some instances, litigation is required. If you’re an employer in California facing an employment law claim, contact our Encino employer defense attorney right away. For a thorough free consultation, call Haber Law Firm, APC today, or get in touch with us online today.
This website contains attorney advertising. The information provided herein should not be relied upon as legal advice. Every legal matter is unique and you should always seek the advice of a retained attorney to answer your legal inquiries. Haber Law Firm, APC, will not represent you unless an attorney-client relationship is formally created in writing.