California Employment Law Attorneys
California employment law attorneys stand up to employers who discriminate, fail to pay fair wages, or retaliate against employees for exercising their rights. If you are an employee in California, you have the right to fair and reasonable treatment under state and federal laws.
The U.S. government and the state of California regulate an employer’s treatment of employees. Employers are required to pay fair wages, allow employees to exercise their rights, and abstain from discriminatory practices. Sadly, California employers do not always follow the law.
If a California employer has violated your rights as an employee, you can count on the employment law attorneys at Cutter Law P.C. to hold your employer accountable and fight for your well-deserved compensation.
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Why choose our California employment law attorneys?
Cutter Law P.C. attorney John R. Parker is a leading employment law attorney specializing in civil rights and whistleblower law. A graduate of Harvard Law School, he has been nationally recognized by Thomson Reuters as a Rising Star and Super Lawyer numerous times.
Mr. Parker is one of many attorneys in our firm with similar honors. We have received these honors because of the consistent results we achieve on behalf of our deserving clients, including the following whistleblower results:
$23.5 Million
Qui tam settlement for government fraud claims brought against Medtronic Inc., one of the world’s largest medical device manufacturers, on behalf of one of four whistleblowers.
$240 Million
Settlement in a nationwide defective medical device case involving defective pacemakers and cardiac defibrillators against Boston Scientific and Guidant
$12.95 Million
John R. Parker recently handled a case against the medical device company, Biotronik, Inc. for claims that they defrauded state and federal government agencies.
$4.7 Million
Brooks Cutter and John Parker obtained the settlement on behalf of our whistleblower clients in a case involving government fraud.
Our law firm was founded by Brooks Cutter with a mission to provide injured individuals with high-caliber representation against companies with vast resources. Clients are assigned a full legal team and treated with compassion and individualized attention while no stone is left unturned in building their cases.
What types of employment cases does Cutter Law handle?
Cutter Law P.C. represents workers harmed due to an employer’s failure to obey California’s employment laws.
Wage and Hour Claims
California sets standards on employee wages and hours to ensure employees are fairly compensated for their work without unreasonable requirements. These standards include the following for most employees:
- A minimum wage of $15 per hour
- A paid 10-minute break for every four hours worked
- An unpaid lunch break after five hours of work
- Overtime pay when employee work hours exceed eight in one day or 40 in one week
Civil Rights Claims
All employees in California and throughout the United States have the right to expect fair treatment in the workplace.
Discrimination
The federal Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin. The California Fair Employment and Housing Act also protects workers on these bases but adds the following protected classes:
- Religious creed
- Ancestry
- Physical disability
- Mental disability
- Medical condition
- Genetic information
- Marital status
- Gender identity
- Gender expression
- Age
- Sexual orientation
- Veteran or military status
Age discrimination may impact younger adults, but it most commonly happens to older people. The Age Discrimination in Employment Act of 1967 prohibits discrimination against individuals over 40.
Discrimination can occur during any phase of employment and any of the following processes and decisions:
- Hiring
- Promotions
- Access to training
- Benefits
- Termination
- Work environment
- Compensation
Harassment for being a member of one or more protected classes is also a form of discrimination. The Equal Employment Opportunity Commission (EEOC) defines harassment as follows:
- Unwelcome conduct that an employee must endure as a condition of employment
- Conduct that is so severe and pervasive as to create an environment that “a reasonable person would consider intimidating, hostile, or abusive.”
These forms of harassment are also known as quid pro quo harassment and hostile environment harassment, respectively.
Sexual Harassment
Sexual harassment is a form of discrimination based on sex. According to the EEOC, sexual harassment is unwelcome conduct based on sex. This includes harassment based on gender, gender identity, gender expression, and sexual orientation.
Like other forms of harassment, sexual harassment can be quid pro quo harassment or hostile environment harassment.
Examples of quid pro quo sexual harassment include:
- Demoting or firing an employee for refusing sexual advances
- Requiring an applicant to engage in sexual activity as a condition of hire
- Refusing to promote based on a refusal to go out on a date
Hostile environment sexual harassment does not have to be sexual in nature, and it is not limited to actions that take place in the workplace. If sexual harassment outside the workplace creates a hostile workplace environment, a case can still be made for sexual harassment.
Examples of hostile environment sexual harassment include:
- Constant negative comments about a particular gender, sexual orientation, or gender identity
- Refusal to use an individual’s preferred pronouns
- Frequent off-color joking that is sexual in nature
- Uncomfortable touching, brushing up against
- Threats or other actions that instill fear
If you witness sexual harassment, you may also have a sexual harassment case if the situation makes you uncomfortable. Sexual harassment can be perpetrated by any gender against any gender.
Sexual harassment may be perpetrated by a supervisor, co-worker, vendor, patron, or anyone you encounter in the workplace. According to the EEOC, employers are vicariously liable for quid pro quo sexual harassment and may be vicariously liable for hostile environment sexual harassment if the employer fails to take reasonable actions to prevent or stop it.
Reporting Sexual Harassment
Employers must provide education about sexual harassment and a clearly defined means of reporting it. Victims may feel afraid to report the harassment for fear of not being believed or experiencing retaliation. However, sexual harassment typically does not go away by itself. It is illegal for employers to retaliate against victims of sexual harassment who report it.
If you have experienced sexual harassment and/or retaliation for reporting it, our civil rights attorneys can provide a free, confidential consultation to help you understand your options and explore solutions that will remedy your situation.
Whistleblower Claims
If you have become aware that your employer is engaging in wrongdoing, you have the right to report the wrongdoing to the governing authorities without reprisal from your employer. State and federal governments rely on whistleblowers to expose wrongdoing, especially when it abuses government funds.
Whistleblowers are entitled to recover a reward if their claim results in a financial recovery. This reward varies based on the type of claim. Whistleblower claims may be state or federal and can fall under several categories, such as:
- False Claims Act – Misuse of federal funds, such as Medicare and Medicaid fraud
- California False Claims Act – Misuse of state funds
- Pharmaceutical Abuse Claims – Drug company fraud
- SEC Whistleblower Claims – Securities and financial fraud
- CFTC Fraud – Futures investment fraud
- Tax Fraud – IRS fraud
These are just a few examples of whistleblower programs available, many of which provide an administrative process for filing a complaint. For example, the SEC and the IRS have their own whistleblower departments that receive and process whistleblower complaints.
Under the federal and state False Claims Acts, the government may file a lawsuit on behalf of the whistleblower, known as a qui tam lawsuit. The government may choose to intervene or allow you to proceed without its assistance. In either case, you may be eligible for a substantial reward if the government recovers funds.
Whistleblower Retaliation
Employees who wish to do the right thing may feel stuck between a rock and a hard place because they fear retaliation. Unfortunately, these fears are not unfounded, as employers frequently do retaliate against whistleblowers despite the illegality.
Examples of whistleblower retaliation include:
- Termination
- Demotion
- Harassment
- Lack of access to training
- Failure to promote
The federal government and California impose strict penalties on employers that retaliate against whistleblowers. In California, these penalties include the following:
- Fines
- Imprisonment
- Civil liability
- Punitive damages
Cutter Law P.C. has extensive experience helping whistleblowers through this process, whether it involves a qui tam lawsuit or an administrative filing. Our attorneys understand the personal toll whistleblowing can take on employees who are merely trying to do the right thing.
In addition to helping you file your complaint, we will represent you in an action against any employer who retaliates against you for blowing the whistle.
Wrongful Termination
California is an at-will employment state, which means an employer or employee can terminate employment at the will of either party with notice. However, the law prohibits employers from terminating employment under certain circumstances.
Discrimination
Employers cannot terminate employment because a worker belongs to a protected class or because a worker fails to respond to quid pro quo harassment.
Retaliation
Employers may not terminate employment because a worker exercised rights provided by state or federal employment laws. Such rights include the following:
- Filing a discrimination complaint, including sexual harassment
- Filing a workers’ compensation claim as a result of an injury
- Reporting health and safety concerns to OSHA
- Participating in a health and safety committee
Employees also have the right to be restored to the same or equivalent position after taking leave under the following:
- Family and Medical Leave Act – Unpaid leave for 12 weeks
- The California Family Rights Act – Unpaid leave for 12 weeks
- Pregnancy disability leave – Up to four months of unpaid leave for pregnancy-related disability
Employees are eligible to take leave under the Family and Medical Leave Act or California Family Rights Act in the following circumstances:
- The birth or adoption of a child
- A serious health condition of the employee
- A serious health condition of an employee’s immediate family member
If your employer fails to restore you to your position after your unpaid leave, you may have a civil case against your employer.
When should I contact an employment law attorney?
The statute of limitations varies based on the type of case you have. Whether you are facing discrimination, unfair wage and hour policies, a whistleblower claim, or wrongful termination, California and the federal government limit the time you have to file a claim.
Filing a claim sooner rather than later can strengthen your case and provide you with relief from the situation that is occurring. We understand the sensitive nature of employment disputes at Cutter Law P.C., and our initial consultation is free with no obligation to continue if you are not ready to move forward.
How much is my case worth?
Depending on the type of case you have, damages could be substantial.
Whistleblower Compensation
Whistleblower compensation is generally 10 to 30 percent of the government recovery.
Workplace Discrimination Compensation
Victims of workplace discrimination and harassment may be able to recover economic damages, non-economic damages, and punitive damages. The EEOC limits these damages to up to $300,000 plus attorney fees and court costs, depending on the size of your employer.
Victims of intentional age discrimination or sex-based wage discrimination are not entitled to the above damages but may be able to file a claim for liquidated damages when the conduct was particularly egregious or intentional. Liquidated damages may be awarded equal to the back pay awarded to the victim.
Wage and Hour Claims
Employees with wage and hour claims may be entitled to the following:
- Back pay with interest
- Injunctive relief
- Attorney fees
If your employer has denied your legally mandated breaks, you may be entitled to a full hour’s wage for each break denied.
How can an employment lawyer help me with my case?
The California employment law attorneys at Cutter Law P.C. provide the following services with regard to your employment law case:
- Legal advice
- Case investigation
- Evidence retrieval
- Calculation of damages
- Administrative complaint filing
- Lawsuit filing
- Settlement negotiations
If your employer has broken the law and/or treated you unfairly, you do not have to fight alone. The employment lawyers at Cutter Law, P.C. will stand with you and fight vigorously on your behalf. Your time to file may be limited, so it is important that you do not wait to call.
Contact us today to speak with an experienced employment law attorney.
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Our Office Locations
Sacramento Office
401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
Oakland Office
Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
