When you face a challenge in the workplace, it’s not always fair, and it’s not always legal. Discrimination, harassment, wrongful termination and retaliation are more common in work environments than most employees realize.
- If you work for a company that employs five or more people, you are entitled to protection under California employment discrimination law.
- Employers with one or more employees may have harassment claims brought against them.
- If you face retaliation because you complained about discrimination, harassment or certain other unlawful conduct, you can file a retaliation claim.
In California, claims must first be made with the Department of Fair Employment and Housing (DFEH) or with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit.
At Winer, McKenna & Burritt, LLP, we represent employees exclusively in many types of employment law cases. Our partner attorneys have more than 60 years of combined legal experience and can help you with personalized, one-on-one care at all stages of the process involved with bringing a claim against an employer.
We are fervent advocates for employees and pursue cases throughout Northern and Southern California. Call (510) 433-1000 to speak with a Los Angeles, San Francisco or Oakland-based employment law attorney. We offer free, confidential initial consultations and pursue all cases on a contingency fee basis.
Discrimination & Harassment in the Workplace
If our law firm does not obtain a favorable verdict or settlement on your behalf, you owe no attorney fees. When you suspect your employer has violated your rights, contact our team as soon as possible. A one-year statute of limitations may apply in your case. The sooner you consult with our team, the sooner we can go to work for you.
Our lawyers represent employees in a variety of industries throughout the state who have had their rights violated in the following ways:
- Employment discrimination
- Employment harassment
- Whistleblower retaliation
- Wage and overtime violations
- Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA) violations
If you have had your employment rights violated as an independent contractor, union member or employee of a nonprofit religious organization, your options may be limited, so it is critical that you consult with an attorney to help you make informed decisions about your case.
What do you Need to File a Discrimination Case?
The law recognizes that a plaintiff will rarely have access to direct evidence of intentional discrimination; therefore, an employee is allowed to prove discrimination through “circumstantial” or indirect evidence. Thus, through circumstantial evidence the plaintiff must first prove that:
- He or she is a member of a protected class
- That the plaintiff was qualified for his or her position
- That he or she was discharged or demoted
- That the employee was replaced by a person outside of the protected class
The employer then has an opportunity to demonstrate that the employee was terminated or demoted for a legitimate, non-discriminatory reason.
The plaintiff then has an opportunity to produce evidence that the supposed legitimate reason for terminating or demoting the plaintiff was simply a pretext for discrimination. If the plaintiff can meet that burden, he or she will win the case.
Contact Our Wrongful Termination Attorneys
Contact Winer, McKenna & Burritt, LLP, today at (510) 433-1000 to speak with an attorney who can relate to your needs and goals.