Labor and Employment Law (Workplace Law)
Employment Law Attorneys
The Attorneys at Miller Wilmers APC, have years of experience in labor, employment, and workplace law, primarily in defense of big corporations and insurance companies. Caleb Miller and Justin Wilmers came together to turn the tide in this struggle against the big corporations and Insurance Companies. We understand their playbook, their rules and the hurdles their attorneys go through to bring reasonable settlements. We take this understanding and use it against them.
Southern California Workplace Law
In the workplace, the perception of what is legal or illegal, right or wrong, and acceptable and unacceptable can be skewed by company culture. We have all heard these ridiculous statements in the workplace. "That's just how he is", "nobody takes break it's a team effort", "don't complain people will not like you" and many others. In some industries, unlawful practices like working overtime without pay, skipping required breaks, or penalizing people for taking medical leave can feel normal because your employer treats it that way. You never lose these basic rights unwillingly and we are available to help you get these rights back. There are many laws in California designed to protect employees from discrimination, harassment, and wage theft. If you have experienced mistreatment in your workplace.
Regardless of your occupation or your level of employment, your job is one of the biggest and most important aspects of your life. Whether you live paycheck to paycheck, work in a trade, are a licensed professional, or are responsible for guiding or managing an entire organization, you rely on your ability to get up and go to work, and you expect – you deserve – to be treated fairly while you are there.
So, what happens when it all suddenly gets taken away? What are your rights if you are wrongfully terminated? If you experience harassment or discrimination in the workplace? If you are denied the basic protections of California or federal law?
Unfortunately, we hear from employees who are struggling with these types of questions all too often. Employers routinely mistreat their employees, whether out of malice or ignorance of the law. Whatever the circumstances of your case may be, you have clear legal rights, and asserting them is simply a matter of hiring experienced legal representation.
Miller Wilmers APC represents clients ranging from minimum wage workers to C-suite executives and senior level managers in all employment-related legal matters.
The Employment Law Cases We Handle
Whether you are an at-will employee or have an employment contract, there are restrictions on when and why your employer can terminate your employment. Employers across California love to tell their employees shortly after taking an illegal action that they were entitled to do so because the employment relationship is "at-will." We have extensive experience representing employees in wrongful termination matters. We understand that there are both financial and psychological consequences to losing your job, and we will work tirelessly to vindicate your rights and secure the financial compensation you deserve.
California's workplace anti-discrimination laws are some of the most protective in the nation and encompass not only the federal standard, but far beyond. Along with federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), California's Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against individual employees and groups of workers on numerous improper bases. If you believe that you were denied employment, denied a promotion, fired, or treated differently at work based upon any of your personal traits or characteristics, you owe it to yourself to speak with an experienced California employee rights attorney.
California's FEHA expressly prohibits sexual harassment in the workplace. Sexual harassment is never acceptable. Despite the #MeToo movement and growing social awareness of the prevalence and consequences of sexual harassment in the workplace, it is clear that many managers, supervisors, and other employees still engage in this unlawful behavior, or allow it to continue in the workplace. Employers must provide adequate training and take appropriate responsive action to protect employees against verbal, visual, and physical harassment. When employers fail to protect their employees, they can, and should, be held fully accountable.
Hostile Work Environment (Workplace Harassment)
Not all workplace harassment is sexual in nature. Employees can also seek legal remedies when they are subjected to a hostile work environment based upon their personal characteristics or membership in a protected class. Unfortunately, not all hostile work environments will give rise to legal action – many employees work in stressful and high-pressure jobs on a daily basis. But if you believe that you are being singled out or forced to endure a hostile work environment on a discriminatory basis, you may have grounds to pursue legal action. Consult with a workplace lawyer today.
Retaliation and Whistleblower Suits
As an employee in California, you have the legal right to report or refuse to participate in harassing, discriminatory, or other unlawful activities. Laws including Title VII, California's Fair Employment and Housing Act (FEHA), and California Labor Code Section 1102.5 prohibit employers from retaliating against employees who assert this right. If you have been fired, demoted, or otherwise mistreated for complaining about discrimination, harassment or other illegal activities at work, for reporting unlawful activities at work, for refusing to participate in unlawful activities at work, for blowing the whistle on your employer or standing up for yourself or a co-worker, we strongly encourage you to contact us as soon as possible.
Family and Medical Leave / California Family Rights Violations
The Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and various other state and federal laws establish the right for employees to take leave without putting their jobs at risk. At Miller Wilmers APC, we represent employees who have been denied protected leave, who have been terminated in retaliation for requesting or taking protected leave, who have been denied reinstatement following a protected leave of absence, and who have experienced other protected leave of absence violations.
Wage and Hour / Overtime Violations
When an employer fails to pay you all the wages and overtime you earned or fails to provide your required rest and meal breaks, your employer violates federal and California laws known as “wage and hour” laws. If you clock in and do your job, you deserve to get paid. Sadly, some employers will go to great lengths to pay their employees less than they are owed, from shaving and improperly rounding time to intentionally miscalculating overtime pay.