Employment Lawyer Santa Monica, CA
Employment Lawyer Santa Monica, CA
California residents can turn to an employment lawyer in Santa Monica, CA when they are dealing with workplaces issues. There are many different issues that someone may be dealing with at work that may lead to a possible employment lawsuit. A lawyer from Levine Law APC can assist you with these issues and bring clarity to the problems that you are facing. Not only can clarity be brought to you, but also someone who will help to fight your case if you believe your employer has treated you unfairly. Discrimination and harassment are something that some workers, unfortunately, face at the workplace, so if you are dealing with these issues contact us today.
Work Discrimination & Harassment
If you have been treated unfairly by your employer or by a fellow employee, then this could be considered harassment. They may have verbally, emotionally, or physically assaulted you leaving you with emotional distress, mental issues, bruises, or even broken bones. This is something that should never occur at the workplace and may be liable to a lawsuit or harassment case. Levine Law APC can assist you with your case and let you know of all the options you have available.
Discrimination is another issue that someone should not have to face at the workplace or anywhere in life and could be occurring if someone is abusing you for your race, orientation, gender, or other reasons. If you are dealing with discrimination in the workplace, then it may be in your best interest to speak with a lawyer if it continues to go on. Management should be able to put a stop to this action from the person causing discrimination, but sometimes that is not always the case, or the person may be in management that is discriminating against you.
Other Common Issues
Numerous other problems could arise at the workplace from fellow employees to management that have caused you financial harm. Unpaid wages, wage and hour issues, and other worker rights occurrences are at the heart of these problems. An employer may have taken advantage of you by not giving you a choice in having to work extra hours for no extra pay. They may also be holding your wages for some reason that may be unbeknownst to you. These are issues that an employment lawyer in Santa Monica, California can assist you with and possibly enter into a lawsuit against that employer.
Seek Legal Counsel
Levine Law APC can help you with all of your employment-related issues. Whether it be discrimination, harassment, unpaid wages, or other workers’ rights issues, we can help you possibly build a case and end the negative circumstances that you are facing. With our years of experience in helping workers with their cases, we believe that we can help you out as well. An employment lawyer in Santa Monica, CA can assist you today from our firm with these problems that you are facing. Contact us today for a consultation.
Employment Lawyer Santa Monica, CA
There are many reasons why you might be looking for an employment lawyer in Santa Monica, CA and all of them are valid. An employment lawyer is there to make sure that all employees are treated in a fair and consistent manner and that employers are in compliance with the laws.
Employment lawyers can draft and review the employee handbook, assist with wage law issues, and represent both the employee or employer. Knowing when to hire a lawyer is going to be key when it comes to the issue at hand.
When to Hire an Employment Lawyer as an Employee
There is a wide number of unlawful actions that an employer can make against an employee. This can be anything from a disadvantage or violating rights. If you have gone through any of the following then it might be in your best interest:
- You have been harassed at work
- You have been treated in a discriminatory manner because of a protected characteristic
- The employer has retaliated against you because you exercised a right such as requesting overtime pay which they are entitled by law to give you
- The terminating of your employment contract is in violation
- You are being forced to sign an agreement waving rights you are entitled to
- Your employer hasn’t given you the benefits that you are entitled to under the employment contract
What Is the Difference Between Independent Contractors and Employees?
As an employer, it is important to know the difference between when a worker is considered an employee and when they are considered an independent contractor. There are tax implications for both types of workers, and it is important that they be classified correctly. An experienced employment lawyer in Santa Monica, CA can help you determine how to correctly classify your workers.
Differences Between an Independent Contractor and an Employee
In most situations, a worker will be classified as an employee if you have the right to supervise the job that they will be doing, as well as the methods they will be using and how the job will be done. An independent contractor, on the other hand, will retain control over the means and manner in which they perform their work.
As a Santa Monica, CA employment lawyer can explain, the Internal Revenue Service (IRS) uses three key areas to determine which type of worker is an employee and which type is an independent contractor:
- Behavioral control – Does the worker have the right to control or direct all the aspects of the work they are doing, such as when, how, and where the job will be done?
- Financial control – Does the employer have control over the financial business aspects of an employee’s work? For example, does the employee determine whether business expenses will be reimbursed or not, when the worker will be compensated for their work, what investment the worker will make in the amenities they use on the job, the cost and type of benefits offered, or any other financial aspects of the job?
- Type of relationship – The IRS will examine the working relationship between the worker and employer through the written contracts that detail whether the worker is eligible for benefits such as insurance, vacation pay, pension plans, or sick pay, as well as whether the relationship between the employer and worker extends beyond the duration of one job.
Many employers incorrectly classify their workers as independent contractors to avoid the expenses of retaining employees, such as overtime and minimum wage requirements, payroll taxes, and more.
Cost of Misclassification
While there are expenses associated with having employees that can be high, the cost of misclassifying workers is even more costly. Misclassification of workers is on the radar of all government agencies, including the IRS, state unemployment agencies, and the Department of Labor. All of these entities are eager to find extra sources of revenue.
If you get caught misclassifying any of your workers, whether unintentionally or intentionally, you may face both financial and legal consequences. You will be required to reimburse payments such as unpaid wages, workers’ compensation benefits, overtime wages, employee benefits, retirement contributions, health insurance, unemployment insurance, Social Security and Medicare contributions, and back taxes, just to name a few. You may also be required to pay interest and penalties imposed by state and federal agencies for violating their laws.
These charges can be both serious and costly. This is why you should contact a Santa Monica, CA employment lawyer right away should you receive any notification of misclassifying a worker.
As soon as you become aware of an issue you should contact a lawyer. The longer you delay the more that could be prevented from proving the conduct committed by the employer had damages done. There are also normally time limits on asserting rights and complaints under the law.
When to Hire an Employment Lawyer as an Employer
Just like there are reasons for an employee to need a lawyer there are reasons an employer would need one too. Many lawyers can help educate employers about the state and federal laws that apply in the workplace. They can also help make sure that you are in compliance with those laws before you get started. Below are reasons in which you should contact a lawyer as soon as possible:
- You need representation in collective bargaining negotiations with a union
- An employee has filed a complaint for discrimination or harassment against you
- An employee had filed a lawsuit naming you as a defendant for an employment-related matter
- If you plan on laying off or firing a large number of employees, terminating an employee benefit, or changing the current pension plan it offers
While they can do the above they can also help you with other legal issues. They can help review or prepare contacts and agreements that you can sue with your employees to make sure everything is clear.
Knowing when to hire an employment lawyer in Santa Monica, CA is a crucial step in making sure everything is running smoothly. If you are an employee that has worries about if you need a lawyer don’t hesitate to reach out. If you are an employer who needs legal assistance reach out today to learn more. You can know that here at Levine Law APC you are in good hands and our team is ready to assist you.
Talent Retention is Important to Business Success
A Santa Monica, CA employment lawyer understands that retaining key employees is important to all businesses because it can save the business money in the long run. A lot of employee turnover hurts a business in terms of having to train new employees, losing institutional knowledge, and even the possibility of a dip in reputation based on losing good employees. If the employees are not restricted by non-compete agreements, the employees may also open up competing businesses after they leave the business, and therefore cost the business more lost revenue.
Retaining talented employees in a business requires a well-thought-out plan that considers both the employee’s talent and capacity to deliver and the business’s ability to compensate the employee. Compensation is an important part of employee retention; however, the overall goal of reducing employee turnover goes beyond giving out raises because raises can be matched by other businesses. Talent retention involves trying to make the employee’s work-life more satisfying.
Supervisor actions can directly affect the employees they oversee and can make the difference between an employee staying on at the job or quitting. Management should ensure that they have a supervision system in place that allows employees to report supervisor mistreatment without fear of retaliation. Supervisors should also be trained in order to be better managers.
Employees who are not part of management should also receive mentorship and training opportunities in order to excel at their jobs. These kinds of programs can help an employee feel that the business is invested in seeing him succeed, which may translate into increased productivity.
Another suggestion that a Santa Monica, CA employment lawyer can help business owners explore is how the use of technology can help them allow their employees to have a healthier work-life balance. If possible, businesses can allow more opportunities for employees to telecommute or come into work on flexible schedules. In some situations, employees may appreciate these kinds of work perks as positives that help offset lower pay.
Seeking employee feedback on how to improve can also be a great way for a business to keep track of serious grievances and stop employees from leaving abruptly. The grievance process can be anonymous if it would encourage employee participation. In addition, employers can consider using 360 evaluations, where employees review their supervisors during the annual review period, just as their supervisors review them. This kind of ongoing or routine evaluation process would help employers keep track of supervisor problems that they may otherwise never know about.
Contact Us for Legal Assistance
Employee issues can often raise legal issues for a business in ways that management may not foresee. It is always a good idea to have input from an experienced employment lawyer in Santa Monica, CA when implementing procedures that could affect employees in your business. For a consultation to learn more about how we can help your business succeed, contact us at Levine Law APC today.