Employment Lawyer

Have you been wrongfully fired? Demoted? Have you been harassed at work? Were you fired or laid off after being harassed or discriminated against and thought that something was fishy or not quite right? Did you blow the whistle and got fired as a result? Were you ripped off by the company on your paycheck? Did you have to go on medical leave, only to be fired or demoted? If so, you aren’t alone and should call Joe Herbert Law. It’s tough out there, and your job is critical. Getting fired is an entirely different situation than it was even five years ago. Likewise, being harassed by the boss for an illegal reason is gut-wrenching and makes you not want to go to work. It’s like facing a bully at school. Your stomach aches, your palms sweat, you shake, you get headaches and all sorts of other aches and pains as you drive to work.  An unrelenting and discriminating boss can turn your world upside down, affect your health, and change how you interact with your family and loved ones. If this is happening to you, call me immediately.

Face it – we are our jobs and a good portion of our lives is spent at work. Other than a person’s relationship with a spouse and children, the employer-employee relationship is one of the most significant in life. Think about it. What’s one of the first questions people ask at a party? “What do you do?” Sure, they also ask about marriage and kids, sports and maybe where you live, but as sure as night follows day, the job question always comes up. Our jobs are important to us, to our families, and to having a functioning society. This is precisely why our elected officials have created laws to protect you, me and us.

Free Confidential Employment Law Consultations. If you feel that you have been wrongfully terminated, harassed, discriminated against, or otherwise been subjected to any other illegal acts in the workplace, you should contact Joe Herbert Law today for a free confidential consultation toll-free at (855) 805ATTY or (805) 482-5340. I can explain your rights in a strictly confidential setting, and with the knowledge that comes from years of experience with the ever-changing labor codes in California.

A job today is a precious and hard-earned asset that needs to be nourished, managed and protected. Having an employer that doesn’t like your gender, color, religion, sexual orientation, disability, the fact that you are pregnant, or that you became ill and needed time off, etc., and fires you based on this dislike is crushing and turns your world upside down. When this happens, you must not be afraid to fight back, and fight back hard. This is where I can help. I am the soldier that will fight for you against the company and its army of lawyers.

Being without a job in today’s economy is especially stressful, because good jobs are hard to get. This is especially true if you were wrongfully terminated. If you believe you were fired without cause or are being retaliated against, please contact me. I am results driven and have helped people like you all over Los Angeles and Ventura counties.

I handle wrongful termination claims and win them in courtrooms and negotiation tables all over Los Angeles and Ventura counties. I am up-to-date with the latest labor codes in California and have a thorough understanding of how the local courts work. I will fight to protect your rights so you can take care of yourself and your family.

A fair, equitable and legally compliant workplace is a basic right protected by state and federal laws. I have been been getting satisfaction and justice for my clients for wrongful termination, harassment, discrimination, and wage and hour violations in Ventura and Los Angeles counties for over a decade.

I have experience in getting my clients recourse from working in a hostile work environment, dealing with sexual harassment, discrimination based on race, religion, gender, medical condition, pregnancy, and age, unpaid overtime and being denied time off per the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). I have advised my clients of their workplace rights and helped them recover what they are owed for employment issues such as:

  • Wage and hour violations: unpaid wages, minimum wage violations, independent contractors, unpaid overtime, missed meal and rest breaks, and withholding of benefits
  • Wrongful termination under at-will employment presumptions and implied contracts between employees and employers
  • Harassment and hostile-work-environment claims
  • Discrimination based on disability, sex, ethnicity, race, religion, gender, age, pregnancy and other protected groups
  • Retaliation and defamation claims
  • Whistleblower claims
  • Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) violations
  • Employment contracts, implied (oral) contracts, severance and benefits negotiations

California is an at-will employment state. This means that employees can generally be fired at the will of their employer for any reason, but not for an illegal reason. Employers are required by law to provide equal employment opportunities to their employees regardless of age, sex, disability, gender, race, religion and national origin. When employers fail to provide a safe environment for their employees or operate their business in such a way that there is discrimination or sexual harassment in the workplace, legal action may be taken against them.

A firing based on discrimination, retaliation, fraud or violation of a signed or implied contract is considered wrongful termination under the law. There are different legal options for victims of wrongful termination, and I can help you determine what course of legal action is best for you. Depending on your situation, you may be able to keep your job, recover a more fair severance package, or pursue a lawsuit and seek damages for lost wages, benefits, emotional distress, attorney’s fees and other costs, depending on the unique circumstances surrounding your case.

There is also the issue of an implied contract for employment that protects employees. An implied contract is a non-written contract that is based on mutual understanding and expectations between two parties. An implied contract between an employer and employee may be established in the following ways:

  • Number of years served and seniority
  • Positive evaluations, promotions, salary raises or bonuses based on a history of good performance
  • Company policies, written or non-written, describing acceptable employee behavior and/or disciplinary and termination procedures

Employers and employees are expected to abide by the terms of the implied (non-written) contract, and these contracts are, in most cases, legally enforceable. If an implied contract has been established, an employer may not fire an at-will employee unless there is “good cause” such as misconduct.

If you feel that you have been wrongfully terminated, you should contact me today for a FREE confidential consultation.

STATUTE OF LIMITATIONS WARNING

There are limited time periods (deadlines) for filing claims that apply to legal matters. If you do not file in a timely manner with the appropriate internal office, outside agency or civil court, you may lose the right to seek redress for the claim. You should seek the advice of counsel to ascertain all of the applicable time periods.

DO NOT WAIT TO CONSULT WITH A LAWYER

You should immediately consult with an experienced attorney to learn more about what you can do to protect your rights and when the deadlines (statutes of limitation) expire in your specific case.

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