GUZMÁN & TOKAR LLP
Specializes in California Law in the Following Practice Areas:
WRONGFUL TERMINATION
- What is it? Wrongful termination refers to the unlawful firing of an employee by an employer. This can include terminations based on discrimination, retaliation for whistleblowing, or violations of employment contracts or public policy.
- Summary: Unlawful firing by an employer.
- Examples: Retaliatory termination after reporting workplace safety violations; dismissal due to pregnancy; firing based on race or religion.
WORKPLACE DISCRIMINATION
- What is it? Workplace discrimination occurs when an employee is treated unfairly or differently based on protected characteristics such as race, gender, age, disability, religion, or national origin.
- Summary: Unfair treatment based on protected characteristics.
- Examples: Refusal to hire based on age; unequal pay for equal work based on gender; racial harassment leading to a hostile work environment.
CLASS ACTION AND PAGA CLAIMS
- What is it? Class action and PAGA (Private Attorneys General Act) claims involve multiple employees coming together to sue their employer for labor law violations such as unpaid wages, overtime, or missed breaks.
- Summary: Group lawsuits for labor law violations.
- Examples: A class action for unpaid overtime among a group of employees; PAGA claim for rest break and meal break violations affecting numerous workers.
WHISTLEBLOWER CLAIMS
- What is it? Whistleblower claims are filed by employees who report illegal or unethical behavior by their employer and are subsequently retaliated against or terminated.
- Summary: Protection for employees reporting illegal activities.
- Examples: Firing an employee for reporting financial fraud; retaliation against a whistleblower exposing environmental violations.
UNPAID WORKING HOURS, WAGES AND OVERTIME
- What is it? This includes claims for unpaid wages, including overtime, as well as situations where employees are not compensated for all the hours they have worked.
- Summary: Not receiving full pay for work done.
- Examples: Not paying for off-the-clock work; denying overtime pay for eligible employees; withholding final paycheck upon termination.
MISSED OR UNLAWFUL REST BREAKS AND MEAL PERIODS
- What is it? Employees are entitled to rest breaks and meal periods as mandated by law, and violations occur when employers fail to provide these breaks or require employees to work through them.
- Summary: Denial or illegal manipulation of breaks.
- Examples: Requiring employees to work through lunch without compensation; not allowing rest breaks during long shifts.
NON-REIMBURSEMENT OF BUSINESS EXPENSES
- What is it? Employers are generally required to reimburse employees for business expenses incurred while performing their job duties, and failure to do so can lead to legal claims.
- Summary: Failure to repay employees for job-related expenses.
- Examples: Not reimbursing mileage expenses for work-related travel; not covering costs for required equipment.
SEXUAL HARASSMENT IN THE WORKPLACE
- What is it? Sexual harassment involves unwelcome behavior of a sexual nature in the workplace that creates a hostile or offensive environment for the victim.
- Summary: Inappropriate sexual behavior at work.
- Examples: Making sexual comments or advances; displaying explicit materials; quid pro quo harassment.
SEXUAL ORIENTATION DISCRIMINATION
- What is it? Discrimination based on an individual's sexual orientation, whether it's harassment, bias in hiring or promotions, or creating a hostile work environment.
- Summary: Unfair treatment due to sexual orientation.
- Examples: Refusing to hire someone because they are gay; denying promotions based on sexual orientation.
FAMILY AND MEDICAL LEAVE ACT (“FMLA”)
- What is it? The FMLA provides eligible employees with unpaid, job-protected leave for specified family and medical reasons, such as caring for a newborn or dealing with a serious health condition.
- Summary: Job-protected leave for family and medical reasons.
- Examples: Taking time off to care for a newborn; recovering from a serious illness without fear of losing one's job.
PREGNANCY DISCRIMINATION
- What is it? Pregnancy discrimination occurs when an employer treats an employee unfavorably due to pregnancy, childbirth, or related medical conditions.
- Summary: Unfair treatment due to pregnancy.
- Examples: Refusing to hire pregnant candidates; demoting a woman upon learning of her pregnancy.
GENDER DISCRIMINATION
- What is it? Gender discrimination involves treating individuals differently or unfairly based on their gender, including stereotypes or biases related to masculinity or femininity.
- Summary: Unfair treatment based on gender.
- Examples: Paying men more than women for the same job; promoting based on gender rather than qualifications.
GUZMÁN & TOKAR LLP offers consultations and legal services int he following California areas of practice:
TRUST AND WILLS
- What is it? Trust and wills involve estate planning and the creation of legal documents to ensure assets are distributed according to the wishes of the deceased or incapacitated individual.
- Summary: Planning for asset distribution after death.
- Examples: Drafting a will to designate beneficiaries; creating a trust for minor children's inheritance.
SEVERANCE AGREEMENT REVIEW
- What is it? Reviewing and negotiating severance agreements to ensure fair terms for employees who are leaving a company, often due to termination or layoffs.
- Summary: Ensuring fair terms in exit agreements.
- Examples: Reviewing severance pay and benefits; negotiating non-compete clauses.
UNLAWFUL EVICTION
- WWhat is it? Unlawful eviction occurs when a landlord forces a tenant out of a property in violation of legal procedures or without just cause.
- Summary: Improper removal of tenants from property.
- Examples: Evicting a tenant without proper notice or court order; retaliatory eviction for reporting maintenance issues.