EMPLOYMENT LAW

At Strongin, LLP, we understand the workplace should be a safe, healthy and respectful environment where your rights as an employee are protected, but too often your workplace is unsafe, unhealthy, harassing, discriminatory, retaliatory, toxic and even hostile. Our dedicated team of passionate and experienced employment law specialists are committed to providing comprehensive support and legal representation in matters of workplace misconduct, including harassment, discrimination, retaliation, failure to protect from such, wrongful termination, failure to hire, suspension, failure to promote and many other types of illegal mistreatment and adverse employment actions because of your disability, medical condition, need to take, request for or taking of a CFRA/FMLA medical leave or FEHA/ADA disability leave, your (or another’s you are “associated” with) race, color, national origin, sex, gender, sexual orientation, age, reporting, refusing to participate in, and/or opposing in any way any actions, omissions, conduct and/or practices that you thought (whether you are ultimately right or wrong) were harassing, discriminatory, retaliatory, unhealthy, unsafe, and/or illegal in any way (whether you are ultimately right or wrong) and many other protected categories and/or protected conduct.  

 

As an employee in California, you are far more protected by state law, which will not only protect you from the above illegal acts, omissions and practices, but also from your employer’s failure to accommodate your disability, medical condition and/or your religious beliefs.  You are also protected from illegal wage and hour issues such as failure to pay for all hours worked, misclassification of an employee as exempt from wage and hour laws, failure to pay for regular hours and overtime hours, failure to provide proper rest breaks and/or meal breaks, and many other wage and hour violations.  Sadly, many employees suffer sexual and non-sexual assaults, batteries, sexual voyeurism, and other illegal acts and omissions.  We spend many tens and hundreds of hours with our clients and working on their cases, listening to the horrors they have encountered at the hands of their employers, providing love and emotional support throughout and fighting through every stage of litigation to secure the best result possible for each client.  We put each client’s interest above all other considerations.

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Sexual harassment in the workplace can manifest in various forms, from unwelcome sexual advances to inappropriate comments or behaviors that create a hostile work environment. It is essential to recognize that such conduct is not only unacceptable, but is also unlawful. Our legal experts are well-versed in handling harassment, discrimination, retaliation, wrongful termination and many other types of employment cases, ensuring that your voice is heard and your dignity is restored.  Although we often hear the employer’s refrain that California is an “at will” state, there are MANY hundreds of exceptions to the general “at will” rule set forth in Labor Code, Section 2922.  Our employment law team has over 50 years of combined experience in employment law (including defending employers such that we know and can anticipate the defense strategies) and our lawyers have obtained tens of millions of dollars in compensation for employees fighting their employers. 

 

Although we cannot promise recovery of a certain amount in any case, our employment lawyers have had many individual case results in the six-figures ($100,000 to $999,000), seven-figures (over $1 million) and multi-million figures (over $2 million).  

 

In fact, John C. McCarty, Esq. (the head of our employment law department) has obtained seven-figures or multi-seven-figures in 25% of his last 40 cases (predominantly employment / whistleblower / harassment / discrimination / retaliation / wrongful termination / failure to accommodate medical condition / disability cases, but also insurance bad faith, serious personal injury, wrongful death and other types of cases) and $100,000 to $2.75 Million in 82.5% of these last 40 or so cases.  Please see the other “Areas of Practice” as Strongin Law has many six-figure, seven-figure, multi-seven-figure, and even some eight-figure results in all types of serious personal injury, wrongful death, toxic tort, chemical exposure, and many other types of cases.  Again, no promises can be made as to future recovery in any particular case.

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You are protected when you have a medical condition, disability, and/or you take off time to take care of your serious health conditions or the serious health conditions of a family member.  Although "medical condition" is limited to certain medical conditions, disability under state law is very broad.  Although federal law has a high standard for what constitutes a "disability" (a "substantial limitation" on a major life activity, including work) and requires the "disability" last for a particular duration (usually months), "disability" under state law is defined as "any limitation" [not "substantial limitation"] on a major life activity and does not require a certain duration to be considered a protected "disability."  In addition, a "perceived disability" or a "history" of "disability" are also protected.  Your employer cannot interfere with your time off for your disability, medical condition, and/or your serious health condition and/or that of a family member you take care of.  Moreover, your employer cannot harass, discriminate against, and/or retaliate against you for needing, requesting and/or taking such leave.  In fact, once your employer knows of your medical condition and/or disability, your employer is required by law to provide you with a timely, good faith interactive process and a continuing reasonable accommodation, which can include allowing these medical condition/disability/CFRA/FMLA leaves, changing your physical work environment, changing your duties and/or assisting you with duties, accommodating your work restrictions provided by your health care providers and/or, if your medical condition/disability (physical, mental or emotional) is being caused by illegal harassment, discrimination, retaliation and/or other illegal mistreatment, an accommodation can be discharging or properly disciplining the perpetrators, transferring the perpetrators or, sometimes, transferring you away from the perpetrators.  You could also be entitled to the same or similar position when you return to work from one or more of these leaves.  There are more protect leaves for which you cannot be illegally mistreated, including – in certain circumstances – jury duty leave, bereavement leave, and many other leaves.  Employers have many factual and legal strategies that can lead to the dismissal of all or part of your case or lessening your recovery based upon the substance of your cases, but also based upon procedural matters.  Our employment law team has experience navigating the minefield presented by the intricacies of employment law and placed in front of you by employers and their formidable lawyers and obtaining great results for our clients. 

 

Wage and Hour Disputes

 

Fair and proper compensation for your hard work is not just a matter of respect, but is a legal right. Whether it is unpaid overtime hours and/or unpaid regular hours, misclassification of employment status, failure to provide rest/meal breaks, providing proper check stubs under the law and/or many other wage and hour violations, our employment law specialists expertly secure the compensation you rightfully deserve.

 

Whistleblower Cases and Qui Tam Lawsuits

 

Whistleblowers play a pivotal role in exposing illegal and fraudulent practices and misconduct within organizations. If you're considering blowing the whistle on illegal and/or fraudulent activities, it is crucial to have the right legal protection. Our firm provides comprehensive support for whistleblowers, safeguarding your state and federal rights and ensuring you are protected from harassment, discrimination, and retaliation based upon your investigating, reporting, refusing to participate in and/or otherwise opposing illegal, fraudulent, unsafe, and unhealthy mistreatment and/or practices. You do not have to formally report any of these types of mistreatment and/or practices, do not have to use legal jargon and the California Supreme Court has said that even a “circumspect remark” can constitute opposition (whistle-blowing) to illegal acts, omissions and/or practices.  In fact, as long as you have a “good faith” believe that you are reporting or refusing to participate in or opposing (in any way) an illegal or fraudulent act, omission, and/or practice, you are protected as a lay person even if the court finds later that you were wrong and that it was not illegal.  If you investigate, report, refuse to participate in, and/or oppose what you in good faith believe to be illegal, your employer is prohibited by law from harassing, discriminating against, retaliating against, and/or otherwise illegally mistreating you.

 

In the realm of qui tam lawsuits, where individuals can sue on behalf of the government for false claims, the stakes are incredibly high. Historically, such cases have led to many high results including 10-figure, 9-figure, 8-figure and 7-figure settlements and verdicts, underscoring the significant impact these actions can have in promoting corporate accountability and integrity. We are committed to achieving the best possible outcomes for our clients, leveraging our expertise to navigate the complexities of the law on your whistleblower and/or qui tam cases effectively.  In addition to the above, there are many other types of whistle-blower cases, including false insurance claims, tax dodgers, and in many other contexts as well.  You are not only protected from illegal employment actions against you for whistle-blowing, you may also be able to sue on behalf of the government and/or insurers to require your employer to return to the government and/or insurers the money taken from them by the employer (or even non-employers).  Your recovery can be a percentage of the amount of money your employer (or even non-employer) was forced to return to the government and/or insurers, which is often in the millions of dollars, tens of millions of dollars, hundreds of millions of dollars and/or even, in rare cases, billions of dollars.

 

Sexual and Non-Sexual Assault and Battery in the Workplace

 

Sexual and non-sexual assault and battery in the workplace is far too common and are not only a violation of your personal rights, but are also serious crimes. If you have been a victim of such misconduct, our compassionate and experienced attorneys can provide the support and representation you need to bring the perpetrators to justice. We understand the sensitivity of these matters and ensure confidentiality and respect throughout the legal process.

 

Understanding Your Rights

 

Every employee deserves to work in an environment that is safe, healthy, provides proper pay, breaks, and is free from harassment, discrimination, retaliation, wrongful termination and exploitation. Our legal team is here to ensure your rights are upheld, guiding you through the complexities of employment law and advocating for justice and fairness in your workplace.

 

How We Can Help

 

• At Strongin, LLP, we offer a comprehensive suite of employment law services, including but not limited to:

• Legal consultation and advice on employment rights and disputes

• Representation in any type of harassment, discrimination, retaliation, wrongful termination, whistle-blower, failure to accommodate, medical/disability leave, family medical leave and many other types of employment cases set forth above

• Representation in cases of sexual and non-sexual assault, battery, and similar illegal mistreatment in the workplace

• Advocacy in wage and hour disputes, including overtime pay, misclassification issues and many other issues

• Negotiation and mediation services to resolve disputes amicably where possible

• Litigation services, providing robust representation in court

 

Why Choose Us?

 

With a steadfast commitment to justice and a deep understanding of employment law nuances, our legal team is uniquely positioned to advocate for your rights in the workplace. We combine empathy with legal expertise, ensuring that each client receives personalized attention and vigorous representation.  If you believe your employment rights have been violated, don't suffer in silence. Contact Strongin, LLP today for a confidential consultation. Together we can work towards a safer, fairer workplace for all.