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Our California Employment Lawyers at Mara Law Firm has been representing workers for well over a decade. We specialize in representing two, general categories of workers: California workers suffering from wage theft or other abuses of California’s labor laws, and civilian workers who worked overseas under a U.S. Defense Contract and suffered an injury. Both areas flow from intricate and complex bodies of laws that demand specialized expertise from the lawyer you choose to represent you. Our Defense Base Act and employment law attorneys at Mara Law Firm have that expertise you need to win your case.
You are here for a reason. Either your rights to fair wages and working conditions have been violated or you have been injured overseas while working under a U.S. Defense Contract. You are here because you are losing money, whether that be from your employer’s unlawful practices or because of injury. You’re thinking about your rights and if you need to take legal action, or maybe you’ve already begun the process and are looking for the best lawyers to represent you.
You can be sure the lawyers on the other side representing your employer or the insurance company are going to have all the expertise to try and keep you from getting your just due. The laws impacting California workers and defense base contractors are just too complex to entrust your case with lawyers who do not specialize in them every day. The only way to win, the only way to beat back the aggressive lawyers on the other side, is to fight back with lawyers of your own who have the skill, experience, and tenacity to win your case.
Our California employment law attorneys at Mara Law Firm have decades of combined and, most importantly, focused experience needed to guide you and your case to victory. From the initial intake to the end of your case, you will have unparalleled access to your lawyers, who will prepare you every step of the way. You do not need a lawyer who takes any and every case that comes by, and you won’t have that at Mara Law Firm. We are very selective in the cases we decide to take on. We are this way to ensure every client receives the best, which is exactly what you are looking for and need.
You do not have to pay anything to retain our firm to represent you. Unlike the lawyers who represent employers and insurance companies, we are not paid by the hour. We only get paid if we obtain relief for you. Most firms will tell you to contact them for a “free consultation.” Our entire representation of you – including the initial consultation – is “free” until and unless we obtain relief for you. There is no reason to linger in doubt about your rights and future. Contact our firm and begin the fight for your wages, health, and welfare the right way.
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At Mara Law Firm we can help you through a variety of issues you may be struggling with at your workplace.
Another common employment law matter is a claim of wrongful termination. California is an at-will employment state, which means that employers can terminate the employment relationship for any lawful reason. However, they cannot fire an employee for a reason that violates the law or public policy.
Some unlawful reasons for termination include discrimination, emotional distress, retaliation for exercising a legal right, whistleblowing, or refusing to engage in illegal or unethical conduct. If you believe the reason for your termination violated your rights, speak with our lawyers immediately.
Employment law refers to the law that is for the protection of workers. It includes their right to work in an environment that is free from harassment and discrimination. Employment law also sets forth minimum standards for wages, hours, and working conditions employers cannot violate. We have the most complex and protective employment laws in San Diego applicable to workers. More than any other state, California protects your rights to minimum wage, overtime wages, meal breaks, rest breaks, timely paychecks, and vacation pay, to name a few. California has these strong laws for the protection of workers because it’s all too often the standard procedure for companies to ignore the wage and working condition rights of employees in pursuit of maximizing their profits.
This complex, protective web of California worker rights laws does you no good, though, if you do not have a lawyer or law firm with an intense dedication to representing San Diego workers for wage and hour violations. The law is just too complex for the casual lawyer who occasionally represents San Diego workers. The lawyers at Mara Law Firm have the unmatched dedication, passion, and talent to win your California wage loss case. Contact our office immediately and start the journey to restoring what your employer took from you.
Many employees hesitate to hire an attorney because they are concerned about the cost. However, the good news is that employment lawyers mostly work on a contingency fee basis. This means that:
With a contingency fee, anyone can afford to hire an employment lawyer to protect their rights.
Other than the emotional pain and suffering that you went through both before and after your employment, there are other damages you may be able to collect. These would fall mainly under the categories of compensatory damages and punitive damages.
These two types of damages could be awarded to an employee if their employer has purposely discriminated against them based on race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, or genetic information.
Especially malicious acts towards an employee could get them awarded punitive damages. Some examples of this would be if they majorly humiliated the worker, caused him or her supreme emotional/mental stress, purposefully didn’t try to stop other employees from harassing the worker, or if the employer intentionally and continuously performed discriminatory acts against the worker, knowing that it was against the law.
Compensatory damages are what would be awarded for other things that resulted from the incident, such as the employee’s medical bills, pain, suffering, and/or emotional trauma.
Our San Diego Employment Attorney specializes in representing workers in class actions or other representative actions in San Diego. A class action is a powerful tool that allows the wage and hour rights of masses of employees to be fought for in a single lawsuit. If your employer is violating your legal rights, such as not paying you for all your work time, not providing you meal and rest breaks, or even refusing family leave, you are probably not alone. They are likely violating your co-workers in the same way. California class actions and representative actions allow all these claims to be brought in a single lawsuit against the employer.
We have loaded our website with content to help inform you at this early stage of fighting for what you’ve lost at the hands of your employer. Please take advantage of all this information through the following links, and contact our office near your area to speak to one of our dedicated San Diego worker lawyers.
Other than simply having all the right resources to take on your employer with fierce litigation, your attorney should have extensive experience handling employment law cases. Specifically, in San Diego, an attorney should have handled cases involving the Fair Employment and Housing Act (FEHA) and the California Labor Code.
The California Department of Fair Employment and Housing points out that this Act applies to (1) employment agencies, (2) various labor organizations, and (3) both public and private employers across The Golden State. This is the agency that is charged with enforcing FEHA, and the Act itself is basically the law that says that employees are protected from harassment and discrimination from their employer.
If your employer has wronged you, it will always be in your best interest to choose legal representation that is experienced in specifically what you are going through. Our dedicated San Diego employment attorney makes employment law our main priority and has seen countless cases just like yours that are directly related to FEHA and state labor laws.
This is one of the most popular questions (if not the most popular question) that our clients ask us. Many of them think that since they ended up quitting their job instead of getting fired that this will negatively affect their attempt to make a claim against their employer. But this is not true, even though your employer may try to make you think it is.
The important thing to remember is that, whether you voluntarily walked off the job or were terminated, you are still well within your rights to make a claim if you feel that your employer has wronged you. For example, our San Diego employment lawyers regularly help clients such as yourself with filing claims for everything from unpaid wages to overtime pay to many other kinds of unreimbursed expenses. We also handle discrimination and harassment claims after employees quit their jobs.
You should also know that there are situations where an employee has no choice but to quit, such as if working conditions are too unbearable for them to stay on the clock. This is what is defined as a constructive discharge, where the environment in the person’s workplace is so unbearable that any reasonable person would quit.
We’ll use our experience as your San Diego employment lawyer to discover the details of your case and get you the compensation you deserve if you had no other choice but to leave.
Many times, an employee’s worker’s compensation may run out, and they may need more benefits to get them by. This is where they would apply for their Social Security Disability benefits, and our experienced California employment lawyers have the job of seeing that you get them in the event that you need them.
Well, ultimately, that’s up to you! We’ve had clients who decide to take their case all the way to trial, and we’ve had folks who were happy with accepting a settlement from their employer. Sometimes, the employer is just as happy settling out of court, being that in many cases, they may be the ones who are responsible for paying the legal fees of the victim employee.
The State of California’s Department of Industrial Relations points out how employees are well within their rights to file a claim for wages when their employer doesn’t pay them what they are owed.
The longer you are out of work, the more wages your employer will likely have to pay you. This is one reason why so many of them opt to simply pay their employee an agreed-upon settlement, but it takes the help of a seasoned San Diego employment attorney to see if they are actually paying you what you deserve and are not trying to short-change you with a seemingly attractive lump sum.
The statute of limitations on filing your employment claim in San Diego depends on the kind of claim it is. Depending on the way your employer had previously wronged you, the time that you have to file a claim against them will be shorter or longer.
For example, let’s say your employer spread lies about you all around the workplace, ruining your reputation and causing you extreme stress along the way. If you were to file a defamation of character suit against them, California law says that you have one year to take legal action. If the employer was to wrongfully terminate you in this state, you have two years to file a claim against them.
One of the most frequent types of cases we see involves an employer who didn’t pay the wages they owed to a worker, as well as cases where there were issues with things such as meal breaks and/or unpaid overtime. With these, an employee would have up to three years to start litigation.
Contact us today at Mara Law Firm, and we’ll take you step-by-step through the entire litigation process and give you the peace of mind you need and deserve.
There are many ways that employers can violate the rights of employees that lead to legal claims. Some of the common types of cases against employers in California are as follows.
Unpaid wages can result from many situations, including a failure to pay minimum wage or overtime pay. These claims can also result from improper deductions from a paycheck or failing to reimburse an employee for expenses or vacation time as required by law. If your employer owes you money for any reason, you might have an unpaid wage claim. Our legal team can evaluate your situation and determine whether you have this type of case.
California law sets the minimum wage for workers across the state, and the minimum wage has changed each year for several years. Further, the minimum wage is different for smaller and larger employers, and some municipalities set their own higher minimum wages. Always know how much you should be receiving per hour, and if you believe your pay falls short, seek legal help. Any employer that does not meet minimum wage requirements should be liable for back wages to affected employees.
The law requires employers to provide 1.5 times the usual hourly rate when an employee works more than 40 hours in a week or eight hours in a day. Employers fail to pay proper overtime in California for many reasons, including misclassifying workers or miscalculating hours. If you did not receive overtime pay for all applicable overtime hours worked, you might have a lawsuit against your employer.
California law is clear regarding meal and rest break requirements for non-exempt employees. If you are entitled to breaks, and your employer fails to provide them, you can seek compensation. This includes when your employer requires you to work through a meal break or remain “on call” during rest breaks.
When you need to cover reasonable business expenses to perform your job, your employer must provide prompt reimbursement. This can include expenses from travel, remote work, or other necessities of your job.
Sometimes, employees accrue vacation time that they never use. This time is viewed as earned income under California law, and employers must pay individuals for unused vacation when the employment relationship ends. If they do not, they can face a wage claim for unpaid vacation.
At Mara Law Firm, we handle all types of unpaid wage claims for employees throughout California, especially in San Diego. Never delay in seeking a case evaluation if you believe you have unpaid wages of any sort.
Our lawyers draw on their experience to pursue creative and effective strategies that are focused on maximizing your recovery.
You will remain involved and informed as your case moves forward. You deserve personal attention, and we will provide it.
We will devote our full resources and attention to seeking results for you. Our firm will do everything we can to win your case.
At the Mara Law Firm, we understand how difficult it can be for employees to fight back against their employers who violate California employment laws. Here are some frequently asked questions.
How much should I be paid for my overtime hours?
In California, an employer must pay employees at or above the California minimum wage for all hours worked. This time that you must be paid for in California includes all hours your employer requires or permits you to work or subjects you to their control. Workers subject to the employers control have to be compensated even if they are not performing any work. Please visit our Employment Law page for more information.
When am I supposed to be paid overtime wages?
California requires employers to pay overtime to non-exempt employees as follows:
One and one-half times the employee’s regular rate of pay for all hours worked in excess of forty hours in a workweek or eight hours up to including twelve hours in any workday, and for eight hours worked on the seventh consecutive day of work in a workweek; and
Two times the employee’s regular rate of pay for all hours worked in excess of twelve hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
Please see our Overtime page for more information and/or contact our office.
What does a workday and a workweek count as under the California Labor Code?
A workday is any consecutive 24-hour period beginning at the same time each calendar day. The normal workday in California is from 12:00am to 12:00pm. However, employers can set different workdays as long as they do not change around the workdays for the purposes of dodging the state’s overtime requirements.
A workweek refers to any seven consecutive days, starting with the same calendar day each week; that is, a workweek is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.
What if my paycheck is late?
Your employer has to pay your wages on time. If your paycheck is late, you could be owed monetary relief in the form of penalties against your employer.
Am I owed more money if my employer does not pay all my wages at termination?
Yes. If you leave your company, depending on when you gave notice, you are owed all your wages – which includes vacation wages, wages for all hours worked, and wages for missed meal and rest period premiums – on either your last day or no later than three days after your last day. If you are not paid on time at termination, your employer must pay you what are called “waiting time penalties.” For untimely wage payment at the time of termination, you are owed your daily wage for every day your final pay is late, up to thirty days’ worth of wages.
How to find the best San Diego employment attorney?
The main goal of the best employment lawyer is to ensure that your legal rights as an employee in California are protected and your employer treats you fairly. Do not hesitate to contact an employment law lawyer at Mara Law Firm who will go above and beyond to win your case.
What should I do if my employer retaliates against me for filing an employment claim in San Diego?
Many employees fail to report concerns or file employment complaints because they fear retaliation from their employers. The good news is that the law prohibits such retaliation, and you can file a claim for unlawful retaliation should this occur. Always discuss any potential retaliation with our employment lawyers so we can fully address all violations that apply in your case.
If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.
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