Labor Law

Labor Law

Employment Law

What is Employment Law?

Employment law deals with the legal relationship between employers and employees. Statutes for employment law are found in the federal to state government to city and county. Employment law determines the rights and obligations outlined in an employment contract.

General Labor Law

General labor law deals with the legal relationship between employers and employees. Statues for labor law are at all levels of government. The rights and obligations of employment are all determined by labor law. General labor law covers the hiring process, job duties, wages, promotions, benefits, reviews and termination of employment. Litigation for unfair labor practices and discrimination are also under labor law.

General Labor Law Legal Issues:

Individuals spend a lot of time at the workplace. That’s why it is important for employees to be in a work environment that is just and fair. There can be a number of labor law and employment law issues which could be very complex to resolve, such as:

  • Wage and Hour disputes
  • Meal Break Issues
  • Benefits
  • Sexual harassment
  • Age discrimination
  • Overtime pay claims
  • Wrongful termination
  • Employee contracts
  • Discrimination

What an Active law Group Employment Lawyer can do for you?

An Active Law Group general labor lawyer can help their clients through a variety of employment situations. A labor attorney works with employees to protect their rights against unscrupulous employers including major corporations, financial institutions, Fortune 500 companies, hospital and major retail establishments. (A.L.G.) general labor lawyers prepare for litigation and help individuals solve problems quickly so that they can return to their career.

Gender Sex Discrimination Law

Gender Sex Discrimination Employment Law:

The law prohibits an employer to use gender discrimination or sex discrimination when dealing with employees. It is illegal to discriminate against an employee or applicant because of his or her gender. This is true regarding hiring, termination, promotion, compensation, or job training. Gender discrimination or sex discrimination could not come in the way of any term, condition, or privilege of employment. Employment decisions could not be based on stereotypes.

Gender/Sex Discrimination Legal Issues:

Gender discrimination and sex discrimination can affect many employees, whether they are women or men. Employers who allow sex discrimination to occur can be in violation of California State Law. Some examples or how gender discrimination could occur are:

  • Failure to hire someone because “this is a man’s job” or this is a “woman’s job
  • Promoting a gender over the other even if they are equally qualified
  • Failure to hire a woman because of pregnancy or concerns over child rearing
  • Keeping male employees over women during a layoff because of the idea that men need their jobs to support families
  • Paying health insurance benefits for female spouses and children, but not for male spouses

What an Active Law Group Employment Lawyer can do for you?

If your rights as an employee have been violated by an employer during your employment or during your application for employment, and you feel you are the victim of sex discrimination a qualified sex discrimination lawyer can help. An Active Law Group sex discrimination lawyer can fight an employer that has cost an employer suffering. Our sex discrimination lawyer can determine if you have a valid case against an employer.

Age Discrimination

Age Discrimination Employment Law:

When an individual does not get a job based on their age, it is called age discrimination. People over the age of 40 are protected from age discrimination under the Age Discrimination in Employment Act (ADEA). This act applies for hiring, termination and other employment actions based on a worker’s age. Under this age discrimination act, an employer may not fire or treat employees any differently than others just because of age.

Age Discrimination Legal Issues:

Age discrimination can cause an employee to lose their job for a factor that has nothing to do with their performance. An employee is a victim of age discrimination if:

  • Budget problems lead an employer to fire an older employee to keep the younger ones who get paid less
  • An employer turns down an employee for a promotion and instead hires someone younger to get “new blood”
  • An employer hires some other younger-looking person

What an Active Law Group Employment Law Lawer can do for you?

Employers are prohibited from discriminating against any employee just because they are over 40 years old. That doesn’t mean it doesn’t happen. An age discrimination attorney can help you protect your rights against age discrimination. An Active Law Group age discrimination lawyer can work with individuals to prove that an employee has experienced adverse action in favor of younger employees.

Race Discrimination

Race Discrimination Employment Law:

Race discrimination by an employer is unlawful. All stages of employment protect against racial discrimination. A person’s race includes color, nationality, ethnic and national origins. The Race Relations Act protects all racial groups from being discriminated against at the workplace.

Race Discrimination Legal Issues:

The race discrimination laws for employees cover every part of employment, including hiring, terms and conditions, pay, benefits, status, training, promotion and dismissal. Victims of race discrimination experience adverse work conditions based solely on their race, independent of their work performance. Victims of race discrimination get limited employment opportunities which can put a damper on their career advancement. Some forms of race discrimination interfere with the employee’s ability to work.

What an Active Law Group Employment Lawyer can do for you?

A discrimination lawyer represent employees who have been discriminated against for their race in regards to hiring, termination, privileges, promotion, compensation, training and other employment conditions. Ethnic slurs and offensive racist comments are also forms of race discrimination, which an Active Law Group employment lawyer will help protect their clients against.

Religious Discrimination

Religious Discrimination Employment Law:

Most federal and state laws prohibit employers from religious discrimination, or discriminating employees because of their religion. Religious discrimination cannot occur at the work-place because employers must accommodate their employee’s needs and rights to practice their faiths. An employer cannot make decisions or treat their employees differently because of their religious beliefs.

Religious Discrimination Legal Issues:

Race discrimination occurs when an employee experiences negative workplace actions or denial of employment based on their faith. Some employers struggle with schedules to accommodate worship times and dress codes to accommodate different religious beliefs in the workplace. If religious discrimination occurs and gets in the way of employee relations, the employer can be civilly responsibility.

What an Active Law Group Employment Lawyer can do for you?

A discrimination lawyer has experience dealing with employees who have suffered religious discrimination at their workplace. An attorney can litigate claims for an employee. A religious discrimination attorney has experience with filing complaints and handling lawsuits for religious discrimination. An Active Law Group discrimination lawyer can also help an employee get the compensation they deserve for what they have suffered.

Employer Representation

Employer Representation Employment Law:

Employer representation could be needed as legal aspects of employment law become complex. An employer has the right to be represented in all legal maters including discrimination, wage, meal break, work injury and harassment disputes. Employers are entitled to specific rights and obligated to abide by certain policies and practices. When they need defense, they seek employer representation against employees who allege:

  • Breach of contract
  • Harassment charges
  • Fraud
  • Discrimination
  • Violation of public policy
  • Wrongful termination
  • Defamation

Employer Representation Legal Issues:

A sexual harassment case or discrimination case could be financially devastating if it is brought against an employer. If an employer does not pay over time or violates other labor codes, it could be grounds for an employee lawsuit and time for employer representation. It is then up to the employer to protect him/herself and the business and use successful defense strategies. Legal Employer representation can also help create employment contracts, prepare company documentation and work policies that adhere to the current labor laws.

Employer Representation Lawyers:

When an employer if faced with a legal problem, they will need employer representation lawyers to help protect themselves and their business. Employer representation lawyers are experienced with successful defense strategies that could make all the difference in a lawsuit or court case against an employer. They know employment laws and the legal ramifications that an employer could face if involved in a legal claim. An employer representation lawyer can help resolve employee complaints early so that the business does not suffer from loss of money, time, or energy.

In addition to defense, employer representation lawyers can help employers draft contracts, create company documents, and develop work policies that adhere to labor laws.

What an Active Law Group Employer Lawyer can do for you?

An employer representation lawyer can protect legal interests of employers. An employer representation lawyer is experienced in current labor law and the ramifications that law can have on an employer. An Active Law Group employment lawyer can resolve employee complaints early and efficiently so that an employer does not spend too much time, money and energy.

Employment Contracts

Employment Contracts Employment Law:

Employment contracts outline the terms and obligations of the employer and employee relationship. Most employment contracts are negotiated. Once both the employer and the employee sign the employment contact they are both obligated to comply by the terms. Some of the items addressed in employment contracts are:

  • Job title
  • Responsibilities and duties
  • Compensation
  • Benefits (health, stocks, etc)
  • Length of employment
  • Basis of termination

Employment Contracts Legal Issues:

There are a variety of reasons why an employee or employer might violate terms in employment contracts. Some of these reasons include discrimination at the workplace, unemployment compensation, insurance, pensions, worker’s compensation, safety at the workplace, wrongful termination, pay claims, etc. Employment contracts should be taken seriously for both employers and employees in order to achieve maximum workplace efficiency.

Employment Contract Lawyers:

Employment contract lawyers can consult with employers and employees before they draft or sign a contract. They can explain the terms and obligations in the contract, help you understand what is expected of you, negotiate terms to your benefit, and advise you on how to best proceed with your employment under your specific employment contract.

If the employment contract is violated for any reason, such as discrimination or harassment claims, workers compensation disputes, unemployment benefits, wrongful termination, safety issues, etc., an employment contract lawyer can help both parties come to a resolution. An experienced lawyer will legally defend the employer or employee if needed in any employment contract cases.

What an Active Law Group Lawyer can do for you?

Before signing or drafting employment contracts, it is helpful to consult with an employment lawyer to know what will be expected of you. An Active Law Group employment contract lawyer can help negotiate and re-negotiate terms of the contract that will be to your benefit. our lawyers can advise you on how to proceed in your employment contract so that future problems could be avoided. An employment contract lawyer can also represent one party if the contract is violated.

ERISA Benefits

ERISA Benefits Employment Law:

ERISA stands for Employee Retirement Income Security Act. ERISA is a federal law that sets standards for retirement benefits and health benefits in private industry. ERISA benefits cover retirement, health and other plans such as life, disability and apprenticeship.

ERISA Benefits Legal Issues:

Many companies offer benefits such as disability income insurance, which is one of the ERISA benefits. Disability income provides financial security when an individual suddenly suffers a personal injury or lengthy illness. Sometimes, insurance companies fail to comply with their responsibilities. They often deny reasonable claims or force claimants to go through great lengths just to obtain ERISA benefits.

What an Active Law Group Employment Lawyer can do for you?

An Active Law Group ERISA claims attorney can help you secure your compensation and get the full advantages of your ERISA benefits. If you are getting the runaround and denial of your benefits, an attorney can examine your policy and start pursuing your ERISA benefits claim so that the insurance company pays its obligation.

Public Sector Benefits

Public Sector Benefits Law:

Public sector employees are a part of industries that are under direct federal, state or local government control. Public sector employers are government agencies and public sector employees are the employees who work for these organizations or agencies. Public sector employers are governed by sets of laws, regulations, and practices.

Public Sector Benefits Legal Issues:

As a public sector employee, it is important to get public sector benefits. Not getting the benefits you are entitled too, such as retirement, medical, dental, life insurance and in some cases, stock options, can be hurt you and your family.

What an Active Law Group Employment Lawyer can do for you:

Our public sector benefits lawyer understands the constraints faced by public sector employees when it comes to public sector benefits.  An Active Law Group public sector benefits lawyer can help with public retirement plans, municipalities, hospitals and other institutions for retirement and welfare public sector benefit plan issues.

Sexual harassment

Sexual Harassment Employment Law:

Sexual Harassment is a form of sex discrimination. Inappropriate sexual advances, verbal requests for sexual favors, and unwelcome physical contact constitutes sexual harassment. When any form of sexual harassment interferes with an individual’s work and creates an intimidating work environment, it should be reported to the employer.

Legal Sexual Harassment Issues:

Sexual harassment can occur in any of the following circumstances:

  • The victim or harasser may be a woman or a man
  • The harasser does not necessarily have to be another employee, it may be a supervisor, agent or a non-employee
  • A victim could be someone other than the harassed victim

Victims of sexual harassment at the workplace go through many emotions such as humiliation, frustration, withdrawal and even suffer damages in the aftermath. Victims of severe sexual harassment such as rape can form dysfunctional families and even life threatening diseases. Sometimes victims are forced to leave their jobs to avoid being harassed in the future, which compromises their careers. Surveys show that only a small percentage of women who have been victims of sexual harassment at the workplace actually go through with filing a complaint, for the fear of jeopardizing their careers.

What is Sexual Harassment?

Workplace sexual harassment as defined by The Equal Employment Opportunity Commission (EEOC):

“Unwelcome sexual advances, requests for sexual favors, and other verbalor physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating hostile or offensive working environment.”

Student sexual harassment as defined by The Equal Employment Opportunity Commission (EEOC):

“Sexual harassment is unwelcome conduct of a sexual nature. It can include verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment of a student can deny or limit, on the basis of sex, the student’s ability to participate in or benefit from services or opportunities in the school’s education program or activity.

Sexual harassment as defined by the Fair Employment and Housing Act (FEHA):

Sexual harassment is defined in terms of sex, including sexual harassment, gender harassment, and harassment centered on pregnancy, childbirth, or similar medical conditions.

Sexual harassment as defined by the Fair Employment and Housing Commission: Sexual harassment consists of unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This includes various forms of offensive behavior and harassment based on a person’s gender and also includes:

  • Unwanted sexual advances
  • Offering employment benefits in exchange for sexual favors
  • Making or threatening reprisals after a negative response to sexual advances
  • Visual conduct: leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters
  • Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes
  • Verbal sexual advances or propositions
  • Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations
  • Physical conduct: touching, assault, impeding or blocking movements

What an Active Law Group Sexual Harassment Employment Lawyer can do for you?

Victims of sexual harassment should first provide a written complaint to their supervisor or any other individual who is responsible. They should include details of the incident and names of witnesses. The employer should take immediate action. If the employer fails to take action the victim should contact a sexual harassment lawyer to explore legal protection and grounds for a possible lawsuit. An Active Law Group lawyer can help you file your complaint and help you get the justice you deserve.

Union Law

A labor union is an organization of workers which negotiates labor contracts with employers through its leadership. Unions Law Lawyers can negotiate wages, work rules, complaints, hiring, firing and promotion rules, benefits, safety at the workplace and other policies. These organizations include individual workers, past workers, professionals or the unemployed. Union laws are established for the purpose of maintaining good conditions of employment.

Union Laws Legal Issues:

A union contract is exclusive to the employer, and an employer is generally not permitted to hire another labor union even if he/she is unhappy with the performance of the current labor union. Individual employees might not have the same bargaining powers as a union of employees. An employer cannot impede with the employee’s protected right to join or organize a union and cannot force employees to promote a union.

What an Active Law Group Employment Lawyer can do for you?

An (A.L.G) union lawyer can assist union employees in a variety of areas. This includes wages, hours, pension benefits, insurance benefits, vacations, job performance, work rules, seniority rights, promotion procedures, layoffs, and conditions of employment. Union lawyers can also be helpful in case of a union strike. Some employees risk losing their jobs after the strike ends. An Active Law Group union law attorney can help protect you and your rights.

Wrongful Termination

Wrongful Termination Employment Law:

Under employment law, wrongful termination occurs when an employer fires or lays off an employee for illegal reasons. These reasons include:

  • Reasons of sexual harassment
  • Violation of oral / written employment contracts
  • Violation of employment laws
  • Race, Gender, Religion or Sexual Orientation based discrimination
  • Firing because the employee filed a complaint against the reporter

An employee may be able to claim wrongful termination if he/she can prove that the termination violated a promise by the employer, jeopardized a public policy or did not follow the good faith outlined in the employment contract.

When an employer fires or lays off an employee for any illegal or discriminatory reason, it is considered wrongful termination under employment law. Wrongful termination can occur if an employer violates a public policy, does not follow through on a promise made to the employee, terminates an employee for discriminatory reasons or if the employer violates their employment contract with the employee. Reasons an employer may wrongfully terminate an individual include:

  • Discrimination based on race, gender, sexual orientation or religion
  • Sexual harassment claims
  • Violation of employment laws
  • Violation of an employment contract or verbal promise
  • Making a claim or filing a complaint against the employer

If an employee can prove that they were fired or laid off illegally, he or she can claim wrongful termination against the employer. If wrongful termination does occur, the employee may be able to recover damages by receiving:

  • Monetary compensation
  • A sizable severance package
  • Statutory penalties paid by the employer
  • Punitive damages for the employee’s lost wages

Wrongful Termination Legal Issues:

An employee who has been laid off or fired and believes it was a result of wrongful termination may have a right to claim wrongful termination against their former employer. Employees might have the right to recover monetary damages and sometimes even negotiation for a suitable severance package for compensation. Some wrongful termination claims incorporate statutory penalties. Some end in the employer’s payment of damages or punitive damages for the employee’s lost wages.

Wrongful Termination Lawyers:

An employment lawyer can help you file a wrongful termination claim if you believe you were fired or laid off unjustly or illegally. An attorney will review your case fully to determine whether or not your termination was wrongful. They can gather evidence from your employment contract, workplace handbook, employment application, job description, performance evaluation, work-related emails, and other relevant records. A lawyer with experience in wrongful termination cases will help ensure you receive the justice you deserve.

What an Active Law Group Employment Lawyer can do for you?

Employees experiencing wrongful termination who believe they were unjustly fired or laid off may have the right to file a wrongful termination claim. An experienced Active Law Group wrongful termination lawyer can help you file your claim. An experienced termination attorney knows employment law matters. Our attorneys can help determine if you have a valid wrongful termination case by reviewing the employment application, company handbook, your employment contract, job description, screening documentation, resume, performance evaluations, and any other relevant records.

Severance Package Negotiation

Severance Package Negotiations Employment Law:

A severance package is the pay and benefits that an employee gets when they are no longer employed by that company. They are usually offered for employees who get laid off or retire. Severance packages can be given to employees who resign or get fired. A severance package includes regular pay and the following:

  • Payment for vacation time or sick leave if unused
  • Payment of the required notice period
  • Insurance such as medical, dental or life
  • Retirement benefits
  • Assistance finding employment or help in creating a resume for employment

Severance Package Negotiation Legal Issues:

If you are an employer who is not satisfied with the severance package your employer offers you, you may ask for more. You can go through severance package negotiations in order to ensure fair pay and benefits. You may be able to negotiate a better severance package offer if the reasons for your dismissal are unusual.

What an Active Law Group Employment Lawyer can do for you?

If a severance package negotiation goes bad and you are unable to negotiate on your own, you may need a severance lawyer to assist you. Since lots of money is at stake, it may be difficult to patiently and justly negotiate with your employer. An Active Law Group severance lawyer is especially helpful if your employer asks you to sign a release of your claims in return for severance. Our severance lawyers can also be helpful if you need to seek advice on how to deal with your severance package negotiation or if you need him / her to negotiate for you for a better agreement.