Los Angeles Employment Law Attorneys

What types of employment dispute cases does McNicholas & McNicholas, LLP handle?

The following are examples of the different employment dispute cases we handle:

• Wage & Hour claims. The state of California labor laws and the Federal Labor Standards Act (FLSA) protect workers’ rights to be paid the wages and benefits they have earned. You can file a wage claim to collect your unpaid wages or benefits and you are protected under California law regardless of your immigration status.
• Whistleblower claims and whistleblower retaliation. The law protects employees who notify the appropriate government agency or law enforcement when they believe their employer is violating state or federal laws, rules or regulations. A whistleblower is an employee who discloses the violations or refuses to participate in an activity that would violate the law. Retaliation against a whistleblower is illegal.
• Executive compensation disputes. If you are an executive who is facing a dispute with your employer about salary, stock options, bonuses, retirement benefits, severance agreements or any other issues related to executive pay, our Los Angeles employment law attorneys offer trusted representation.
• Family and Medical Leave Act (FMLA) violations. California workers are protected under the federal Family and Medical Leave Act (FMLA), and the state California Family Rights Act (CFRA) when they need to take unpaid leave from work to care for a sick or injured child, for an adoption or to care for a newborn baby. The law also prohibits employers from retaliating against employees who have taken or are planning to take FMLA or CFRA leave.
• Workers’ compensation retaliation. Employers are prohibited by law from retaliating against employees who exercise their right to receive workers' compensation benefits after a workplace injury or occupational disease. Demoting, reducing hours or terminating employees because they filed a workers' compensation claim is against the law, and employees may be able to take legal action against their employer.
• Wrongful termination. “At will” employment means an employee can be terminated at any time and for any legal reason. However, if the employer violates state or federal law in firing an employee – e.g. termination for whistleblowing or retaliation for complaining about harassment – he or she may have grounds for a wrongful termination claim.
• Sexual harassment. If you are experiencing sexual harassment in the workplace, there are legal protections available to you. The conduct might be unwelcomed sexual advances or a hostile work environment because of the employee's gender or perceived sexual orientation. Sex discrimination is a violation of Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act regardless of the gender of the harasser.
• Employment discrimination. It is against state and federal law to discriminate based on race, religion, gender or national origin in the workplace whether in hiring, firing, promoting or any other aspect of employment.
• False Claims Act (qui tam). This provides a penalty of double the government's damages plus a $2,000 penalty for a person who knowingly submits a false claim or makes a false statement to the government. A private person (called a relator) can file a lawsuit for violations of the FCA on behalf of the government (known as a qui tam action). A relator might receive between 25-30 percent if the government receives a recovery from the defendant in a successful case.