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EMPLOYMENT LAW

             The Law Office of Roy L. Landers possesses the legal expertise and business insight necessary to provide counsel concerning a comprehensive array of employment issues that exist in today’s complex world. Our attorneys are experienced in all matters affecting employers and their employees.

             We have found that there are many employers that are very sensitive to the needs and desires of their employees and have striven to find a balance between the employees needs and rights and the company’s need to have control and functions to meet its desired goals and objectives. Unfortunately there are not enough employers who strive to maintain this delicate balance. When the balance is lost or ignored litigation generally follows:

Our firm represents employers and employees. Our representation on behalf of employers generally is the preventive side of litigation. It is always better to avoid litigation through training and counseling rather than inviting it through lack of knowledge or concern.

OUR EMPLOYER SERVICES INCLUDE:

  • Conducting informational and training seminars on topics, such as sexual harassment, Title VII of the Civil Rights Act, state human rights act laws and the Fair Labor Standards Act.
  • The Americans with Disabilities Act (ADA) and accommodating employees within the workplace
  • Drafting and amending employment handbooks, policies and procedures.

 

 

 WE REPRESENT EMPLOYEES IN THE AREAS OF: 

  • Wrongful discharge of employment
  • Sexual harassment
  • Retaliation
  • Wage and hour claims
  • Unlawful discrimination
  • Violence within the workplace
  • Family medical leave issues
  • Pregnancy leave issues
  • Negotiation of severance packages

 

WHAT IS WRONGFUL DISCHARGE OF EMPLOYMENT?

             Most states, such as California, are at-will employment states. That means that your employment with any employer is at the will of the employer. You are not guaranteed a job nor a continuing right to a job once hired. Your employment may be terminated at the will of the employer, except where there is a written contract of employment providing for a specified term or the employer terminates you for some reason that violates a regulation or statute. An example would be where an employee complains of the lack of safety within the workplace and expresses fear that someone will be hurt. The employer doesn’t like the complaining and terminates the employee. Ordinarily the termination would be legal under at-will principles. However, because the termination appears to be in response to the employees complaint and attempt to obtain a safe working place, the termination would be unlawful. The law requiring an employer to provide a safe working place also carries with it an employees right to complain and protest an unsafe working environment.

              If the employee is terminated because of the complaints this could be a wrongful termination and the employee may bring legal action for what is known as "wrongful termination of employment". The employee has a right to seek damages for loss wages, benefits and other damages under these circumstances.

 

RETALIATION

Retaliation claims generally follow a wrongful termination, a demotion or other adverse employment action that result in a tangible loss of job pay or benefits. They are almost always related to circumstances where as a result of an employee’s legitimate right to complain or report an unlawful act within the workplace, the employer retaliates against the employee for exercising the right.

 

If you believe you have been the victim of a wrongful employment action contact our office for a free evaluation of your factual situation. We will review the facts presented to you and promptly respond. For a free case evaluation click here.  

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