Expert Oakland Lawyers: Legal Advocacy Tailored to You

It’s no secret that California has some of the most worker-friendly employment laws in the United States. California, as well as Oakland County and City regulations protect the worker’s right to fair treatment and equal benefits. They prohibit hostile workplaces and discriminatory employment practices. If business owners violate their workers’ rights in California, they face severe fines and penalties.

At Matern Law Group, PC, our Oakland employment lawyers are ready to help you get the justice you deserve. California workers can count on our team to help them fight back against unfair labor practices. Contact us if you have experienced workplace harassment, discrimination, wrongful termination, or interference with leave time. We will fight for your rights in California and Oakland courtrooms.

What Does Employee Discrimination Mean Under California Employment Laws?

Employment discrimination occurs when an employer treats a worker
unfairly based on race, religion, sex, national origin, age, disability, or other legally protected characteristics. California law also provides employees up to 12 weeks of unpaid, job-protected leave to care for their health or a family member’s health or to bond with a new child, based on their length of employment with the company, which can also trigger employment discrimination if this type of leave is denied to a worker. Employers in Oakland must also comply with the county’s Minimum Wage Ordinance (MWO). The Oakland MWO mandates a minimum wage, paid sick leave, and additional protections for workers, including those in the hotel and healthcare industries.

Unlawful discrimination can take many forms, including:

• Refusing to hire someone because of their race or gender,
• Promoting one employee over another because of their age or sexual orientation,
• Paying one employee less than another for the same work because of their disability or religion,
• Refusing to pay the city minimum wage for any reason
• Refusing leave to care for an ill family member or bond with a new child because of the employee’s sex or skin color,
• Harassing an employee because of their gender identity or pregnancy, or
• Firing an employee because of their childbirth-related medical condition or national origin.

It is illegal for an employer to discriminate against an employee or
job applicant based on any protected characteristics. Several federal,
state, and local laws protect Oakland employees from discrimination,
including:

• Title VII of the Civil Rights Act of 1964,
• The Age Discrimination in Employment Act,
• The Americans with Disabilities Act (ADA),
• The California Fair Employment and Housing Act (FEHA),
• The California Family Rights Act (CFRA),
• The Oakland Fair Chance Initiative for Hiring Ordinance (FCIHO),
• The Oakland Minimum Wage Ordinance (MWO), and

These laws ban discrimination in hiring, firing, promotions, leave, wages, and working conditions at companies, depending on the size of the company. If you have experienced employment discrimination, it is vital to speak up and take action to protect your rights. By standing up for yourself and fighting back, including through attorney representation, you can make a difference and help create a more fair and equal society. Our Oakland employment attorneys are here to help you secure justice.

Workplace Harassment

Workplace harassment is any behavior that creates a hostile or intimidating work environment. Harassment includes verbal or physical abuse, unwanted advances or touching, and other behaviors that make an employee feel threatened or uncomfortable.

The FEHA prohibits harassment at all California workplaces, regardless of size. Workplace harassment is unlawful if based on a protected characteristic. Examples include pregnancy discrimination, sexual harassment, racial harassment, or religious-based harassment.

If you experience workplace harassment, start by speaking up and reporting the behavior to your employer or a supervisor. If your employer does not address the harassment or retaliates against you for speaking up, you have options. Consider seeking the help of an experienced Oakland employment lawyer.

Wrongful Termination and Retaliation

Wrongful termination occurs when an employer fires or lays off an employee for an unlawful reason. It is illegal for an employer to fire you because of your protected trait, like race or gender. It is also illegal for an employer to place you in a position so intolerable, that any reasonable person would have no choice but to quit.  Furthermore, an employer is prohibited from firing or punishing an employee in retaliation for reporting discrimination or harassment.

Both wrongful termination and retaliation are illegal and can significantly damage the affected employee. An experienced Oakland employment attorney can help you understand your rights and options if you’ve endured wrongful termination or retaliation.

What Does an Employment Attorney Do?

Our Oakland employment law firm represents individuals who have experienced employment discrimination and harassment, among other claims. If you have faced employment discrimination, sexual harassment, wrongful termination, or retaliation, an employment discrimination lawyer can help. We will review your situation and help you understand your rights as a California worker in Oakland and other cities and counties in the State. Our lawyers will guide you through the complicated legal system to obtain the justice you deserve.

Our highly skilled lawyers will manage your case by:

Oakland
• Reviewing the facts of your case to determine if you have a valid claim,
• Explaining your legal options and the potential outcomes of each option,
• Gathering and organizing evidence to support your claim,
• Negotiating with the employer or their legal team to try to reach a settlement, and
• Representing you in court if your case goes to trial.

Our Oakland employment attorneys can be a useful resource if you encounter discrimination. Your attorney can help you understand the laws that protect your rights and fight for justice on your behalf.

When to Contact a Oakland Employment Lawyer

It is always a good idea to seek legal advice if you have any concerns about your rights as an employee. There are several situations in which we recommend you contact an employment law firm:

• If you have been the victim of harassment or discrimination at work,
• If you have been wrongfully terminated from your job or feel forced to quit,
• If you have been denied leave to care for ill family members or children,
• If you are considering bringing a lawsuit against your employer or a former employer,
• If you need help negotiating a severance package or separation agreement, or
• If you are an employee and need help understanding your rights under California employment laws.

There are also time limits for filing a complaint with the EEOC or the California Civil Rights Department (CRD). The EEOC typically allows 180 days (six months) to file a complaint. However, because California has its own anti-discrimination law, you have 300 days to file a federal complaint. California law requires you to submit your complaint to CRD within three years of the harassing, discriminatory, or retaliatory incidents.

Even if you want to go straight to court, you must first file a complaint with the EEOC or CRD. When you file your complaint, you can ask for a “right to sue” notice to begin your lawsuit right away. Otherwise, the agency will investigate your complaint and decide whether to sue.

Employment Class Actions

Class actions are lawsuits brought by a group having a common issue or injury, usually against a company or organization. Employees often use class actions to collectively bring a claim against their employer for discrimination or wage and hour violations. A lead plaintiff brings the class action lawsuit on behalf of all employees in a similar situation. By filing as a group, the employees can pool their resources and bring a more powerful case against the employer.

If the class action is successful, the court may award damages to the entire group of class members. Recoverable damages could include monetary compensation for lost wages, benefits, and other losses.

Class actions can be a powerful tool for Oakland employees to hold their employer accountable and bring about positive change in the workplace. If you have experienced employment discrimination or other illegal treatment, speak with an attorney to see if a class action is right for you.

How Can the Oakland Employment Law Firm, Matern Law Group, Help?

Matern Law Group seeks to preserve California workers’ self-esteem, sense of safety, and mental and physical health. There are several benefits to filing an employment discrimination or harassment lawsuit in Oakland. An employment discrimination or harassment lawsuit in Oakland allows workers to:

• Seek justice by holding your employer accountable for their unlawful employment practices;
• Seek compensation by recovering financial losses caused by discrimination, including lost wages or benefits, as well as compensating you for the emotional distress you suffered;
• Bring attention to a problem of employment discrimination and raise awareness about the harm it causes; and
• Prevent future discrimination by forcing change to an employer’s policies or practices, which can help stop future discrimination from happening.

Filing a lawsuit is not the only option if you experience workplace discrimination. Depending on the specifics of your case, you can resolve the issue through mediation or by filing a complaint with EEOC or CRD. An experienced California employment discrimination attorney can help you understand your options and advise you on the best action to take.

Our law firm is prepared to defend your rights in the workplace with a team of knowledgeable and aggressive lawyers. If you’ve faced unlawful employment practices, discrimination, or harassment in Oakland, you deserve the chance to defend your rights. Contact Matern Law Group, PC for a free consultation and start your case today.