Workers have the right to be treated fairly in the workplace.
Federal and state laws exist to protect employee's rights. Yet every day, employees somewhere in California are illegally discriminated against, sexually harassed, forced to work unpaid overtime or wrongfully fired.
Illegal biases and discrimination play a role in terminating some groups of employees before others when layoffs become necessary. This type of discrimination usually happens on the basis of race, gender, religion, disability, sexual orientation, gender, gender identity national origin or age.
Some employers cut corners to squeeze more work from employees. An increasing number of employees are finding themselves working longer hours for no additional pay. This is affecting many types of professional employees, as well as hourly workers. Employers are misclassifying employees to avoid paying them overtime. They are misclassifying contractors to avoid paying benefits and taxes.
If you feel you’ve been the victim of unfair employment practices, discrimination, or harassment, in San Diego, NOA Law has the experience and expertise to help you with your case. Whether a client fears a potential job loss, has been wrongfully terminated, suffered discrimination, harassment or needs a trial attorney in an employment matter, he or she can turn to NOA Law.
Contact our San Diego Employment Law Firm.
NOA Law can help you while you are still employed. We work to preserve your employment when possible, or to get justice for you in court if you have been wrongly fired. You have a right to be treated fairly and paid for your work. It is important to speak to an experienced employment law attorney as soon as possible if you believe your rights as an employee have been violated.
San Diego employment discrimination attorney Ahmed has abundant experience practicing in labor and employment law and has dedicated himself to fighting for the rights of the working class. NOA Law offers a free, no obligation consultation to discuss your case. In addition we take your employment discrimination cases on a contingency basis, meaning you don't pay any attorney's fees unless we win your case.
We pursue financial compensation for workers in the following types of lawsuits:
Under California law, a wrongful termination or discharge case usually falls under one of the following categories; violation of employment contract, discrimination cases, whistleblower/public policy cases.
In California, anyone with a disability is protected under the Fair Employment and Housing Act, also called FEHA. This act was created to make sure that individuals with disabilities are not discriminated against, especially in the workplace.
Sexual discrimination against women was made illegal by The Civil Rights Act of 1964, and California’s Fair Employment and Housing Act. The Equal Pay Act of 1963 had made salary discrimination against women illegal. Furthermore, California’s new Fair Pay Act—which went into effect in 2016—addresses the disparity in earnings between women and men.
Racial discrimination is a common form of employment discrimination. Under Title VII of the Civil Rights Act of 1964 and California’s Fair Housing and Employment Act, employers are prohibited from discriminating against employees or potential employees based on their race or color. Unfortunately, racial discrimination still occurs every day.
National Origin Discrimination
Discrimination based on an employee’s national origin is illegal under state and federal law. Employees who are subject to differential treatment, national origin based harassment or adversely impacted by a facially neutral practice may have a claim for national origin discrimination.
Age discrimination is illegal under California and federal law. The federal Age Discrimination in Employment Act (ADEA) protects workers age 40 or older from age discrimination. Fair Employment and Housing Act also protects 40 or older individuals.
California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act (Title VII) protect the right to seek, obtain, and hold employment free from discrimination based on sex (including gender identity, and gender expression) and sexual orientation.
Discrimination based on religion or creed make take the form of harassment through comments or actions; a failure to accommodate religious practice, such as wearing a yamaka, kaftan or hijab or requiring an employee to work on their Sabbath; or if you have been denied employment because of your religion.
Sexual harassment can occur when a supervisor demands sexual favors from a subordinate in return for positive job treatment (or threats of negative consequences if the employee refuses to comply). Sexual harassment need not only be based on this type of quid pro quo activity; any unwelcome conduct of a sexual nature which is so severe and pervasive that it creates a hostile work environment is also considered illegal harassment.
Misclassification of Independent Contractors
Misclassifying a worker can have dire consequences as a violation of various employment, labor and tax laws. Employers may be enticed to misclassify employees given the cost of doing business. Employers do not have to pay employment taxes for independent contractors, nor do they have to offer benefits, pay minimum wage/overtime, purchase workers compensation coverage or adhere to certain anti-discrimination laws.
Wage & Hour and California Private Attorney General Act
Under California law, a non-exempt employee is entitled to overtime pay, or “time- and- half” for all hours worked over eight hours during any work day, and over 40 hours during any work week. Non-exempt employees are also entitled to meal and rest periods. Employers may also misclassify non-exempt employees as “exempt,” managerial employees, depriving employees of their right to overtime pay and meal and rest periods. Hours worked and overtime pay must be itemized on your paycheck as well as any vacation or sick leave accrued. We handle these cases.