Employment law is the area of law that governs the employer-employee relationship. This area of law is made up of both state and federal laws and covers a variety of subjects, all with the common goal of protecting an employee’s rights. From an employee's perspective, these laws are in place to prevent discrimination, promote health and safety, establish a minimum required level for economic support, and to make sure all employees are safe and treated fairly. California employment law presumes that employment relationships are at-will, meaning employers are free to terminate employees at any time for any reason. However, that does not mean that all terminations are due to this reason so it is important to consult with an attorney to understand all your rights.
It is important to document instances of mistreatment at work on paper and to report it to your Human Resources Department, your supervisor, and/or management. Once you have reported it, it is up to your employer to investigate the case and come to a resolution. It is also recommended that you follow up with your claims if you feel as if the mistreatment has not been handled appropriately or not resolved.
When you hire an attorney to represent you in your case against your employer, the attorney may send paperwork to your employer requesting certain documentation. If you are still working for your employer at the time you are pursuing a case, it is important to notify your attorney of that fact so it does not disrupt your relationship with your employer.
Most states, such as California, presume that employment relationships are “at will”. That means that employers are free to terminate the relationship at any time and for any reason. However, that presumption can be overcome by showing facts that indicate that there were illegal reasons that led to the termination such as reporting safety violations at work to a government agency, reporting instances of harassment to your employer and reporting instances of unfair treatment or discrimination in the workplace.
If you are laid off or terminated from your work, your employer has a duty to provide you with unemployment paperwork that instructs you on how to open a claim for unemployment benefits through the Employment Development Department (EDD). Once a claim is opened, your case will be handled directly through the EDD. In many cases, the initial claim may be denied by the EDD but you have the option of appealing the denial.
Generally, attorneys will handle your case with no upfront cost to you. Instead, once a case is successfully settled or won, the attorney will take a percentage of the settlement as their fees.
Deborah: “I love Steve and his team. I had previously settled my case by Stipulation leaving my medical treatment open for the duration of my life, all with my prior attorney. After the settlement, my Attorney became unresponsive. I continued to be in need of further medical treatment. They did NOT respond to phone calls or emails. Steve took over my case and has been very attentive to my ongoing medical treatment as well as any concerns that I have. I highly recommend Injured Workers Law Group to anyone in need of any attorney.”
Regina: “Once Steve took over my case, everything went smoothly. My previous attorney did not return my phone calls, respond to emails and kept me in the dark about the case process. Steve addressed all of my concerns, explained the life of the case thoroughly and was very responsive via phone and email. Steve took my case to Trial and we were able to complete it on the first day. The judge ruled in our favor and found that my injury was as a result of work. Within a few months, Steve was able to settle my case for an amount that left me very satisfied. I have recommended and will continue to recommend Steve’s services to anyone looking for a great workers’ comp attorney.”
Tanya: “Steve took over my case before Trial. My previous attorney was pushing me to take a $10,000 settlement offer that was essentially a slap in the face and that I did NOT want. My previous attorney kept telling me that I would lose. Steve proved to be very knowledgeable and professional. He reviewed my medical reports thoroughly and advised that I proceed to Trial. He explained to me exactly what was required from a legal standpoint and in great detail. He took over the case and was able to complete the Trial on the first day. We won the Trial and I was awarded permanent disability, temporary disability and future medical care for the rest of my life. The value of the permanent disability award alone was over $50,000. I walked away extremely happy. Thanks Steve."
Lee: “Steve and his team at IWLG provided me with invaluable guidance and counsel throughout my case. I chose Steve after interviewing 5+ W.C. lawyers, the determining factor was how aggressive his action plan was in seeking financial retribution for my injuries. Steve presented options and avenues of recourse and a willingness to litigate that the other lawyers lacked, in other words he was willing to go to bat for his clients. Steve and his team were also incredibly patient and responsive in answering all of my questions. He would take the time to thoroughly explain the process of filing a W.C. lawsuit and what that would entail. He guided me through the myriad of paperwork, QME exams, Dr. Consultations and prepped me for my deposition with a calm, steady hand. I'm happy to report that we were able to hold my company accountable for my injures and settled for an amount that made me financially solvent again. I highly recommend his services."