Fraigun Law Group

Los Angeles Employment Lawyer: Common Questions

Got questions about your workplace rights? Fraigun Law Group has answers. Whether you’re wondering about discrimination, harassment, retaliation, or leave policies, we’re here to help you understand your options and take the next steps. Let’s tackle your concerns together.

Wrongful termination in California occurs when an employer fires an employee in violation of state or federal law, public policy, or the terms of an employment contract. While California is an “at-will” employment state, meaning employers can generally terminate employees for any lawful reason or no reason at all, there are critical exceptions. It is unlawful to terminate an employee based on discrimination, such as race, gender, religion, age, disability, or sexual orientation, which are protected under the California Fair Employment and Housing Act (FEHA). Employers also cannot fire someone in retaliation for exercising their legal rights, such as reporting workplace harassment, filing a workers’ compensation claim, or requesting protected leave under laws like the California Family Rights Act (CFRA). Additionally, terminations that violate public policy, such as firing an employee for refusing to engage in illegal activities or for reporting unsafe working conditions, are prohibited. Breaches of written or implied employment contracts, such as terminations without just cause when specified, can also constitute wrongful termination. If you suspect your termination was unlawful, it’s essential to document any evidence and consult with an experienced employment attorney, like Fraigun Law Group, to evaluate your case and protect your rights.

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California labor laws are designed to protect workers’ rights, but violations by employers are unfortunately common. One of the most frequent issues involves wage and hour violations, including failure to pay minimum wage, unpaid overtime, and not providing meal and rest breaks as required under the California Labor Code. Employers often misclassify employees as independent contractors or exempt workers to avoid paying overtime, which is another prevalent violation. Retaliation against employees for exercising their rights, such as reporting harassment, filing workers’ compensation claims, or participating in whistleblower activities, is also a significant problem. Discrimination based on protected characteristics like race, gender, age, disability, or sexual orientation under the California Fair Employment and Housing Act (FEHA) is another common violation, as is workplace harassment that employers fail to address or prevent. Additionally, employers often violate leave laws by denying employees their rights to take job-protected leave under the California Family Rights Act (CFRA) or for pregnancy-related disabilities. If you believe your employer has violated labor laws, consulting with an experienced attorney, such as Fraigun Law Group, can help you understand your rights and take action to seek justice.

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Yes, California is an at-will employment state, which means that employers can terminate an employee at any time, for any reason, or no reason at all, as long as the reason is not illegal. Similarly, employees have the right to quit their job at any time without needing to provide a reason. However, there are important limitations to the at-will doctrine that protect employees from wrongful termination. Employers cannot fire someone for reasons that violate state or federal laws, such as discrimination based on race, gender, age, religion, disability, or sexual orientation, or in retaliation for engaging in legally protected activities, like filing a complaint about workplace harassment or reporting unsafe working conditions. Additionally, if you have an employment contract or union agreement that specifies conditions for termination, those terms take precedence over the at-will standard. Understanding that California is an at-will state can help you recognize when a termination crosses the line into wrongful termination. If you believe your rights have been violated, contacting an employment attorney, like Fraigun Law Group, can help you with your options and protect your legal rights.

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Sexual harassment at work includes any unwelcome behavior of a sexual nature that creates a hostile, intimidating, or offensive work environment or interferes with an employee’s ability to perform their job. In California, sexual harassment falls into two main categories: quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment occurs when employment benefits, such as promotions, raises, or continued employment, are conditioned on submitting to sexual advances or favors. Hostile work environment harassment involves pervasive or severe conduct, such as inappropriate jokes, comments, touching, or displaying sexually explicit materials, that creates a toxic workplace for the employee.
Importantly, harassment can come from supervisors, coworkers, or even non-employees, like clients or vendors, and California law protects employees from all of these sources. Additionally, a single incident of severe harassment may be enough to constitute a violation, and the behavior does not have to be directed specifically at the victim to qualify. If you believe you are experiencing sexual harassment at work, it is crucial to document incidents, report the behavior to your employer, and seek legal advice. Fraigun Law Group can help you understand your rights and take action to hold your employer accountable for creating a safe and respectful workplace.

A hostile work environment exists when unwelcome conduct in the workplace is so severe or pervasive that it creates an intimidating, offensive, or abusive atmosphere for an employee, making it difficult or impossible for them to perform their job. In California, this behavior is often tied to discrimination or harassment based on protected characteristics, such as race, gender, religion, age, disability, or sexual orientation, as outlined under the California Fair Employment and Housing Act (FEHA). Examples of hostile conduct include repeated inappropriate comments, threats, bullying, offensive jokes, physical intimidation, or displaying discriminatory or explicit materials.
For a workplace to be legally considered hostile, the behavior must go beyond minor annoyances or isolated incidents and rise to a level that any reasonable person would find offensive or harmful. It can come from supervisors, coworkers, or even non-employees like customers or vendors. California law requires employers to take steps to prevent and address such behavior. If you believe your workplace has become hostile due to unlawful conduct, you have the right to report the behavior and seek legal help. Fraigun Law Group can guide you in understanding your rights and taking the necessary steps to restore a safe and respectful work environment.

Yes, in most cases, you can be fired without warning in California because the state follows an at-will employment rule. This means that employers can terminate employees at any time, for any reason, or no reason at all, without prior notice, as long as the reason is not illegal. However, there are exceptions to this rule. Employers cannot fire you for discriminatory reasons, such as your race, gender, religion, age, disability, or sexual orientation, or in retaliation for engaging in legally protected activities, like filing a complaint about harassment, taking family or medical leave, or reporting unsafe working conditions. Additionally, if you have an employment contract that specifies conditions for termination, the terms of that contract override the at-will rule.
While employers are generally not required to provide warnings, some may choose to do so as part of company policy or good management practices. If you suspect that your termination violated state or federal laws, it’s essential to consult with an employment attorney.

The statute of limitations for employment law violations in California varies depending on the type of claim being filed. Below are some of the most common time limits to be aware of:
Discrimination, Harassment, and Retaliation: Under the California Fair Employment and Housing Act (FEHA), you generally have three years from the date of the violation to file a complaint with the Department of Fair Employment and Housing (DFEH). After obtaining a “right-to-sue” letter, you typically have one year to file a lawsuit.


Wage and Hour Claims: For most wage-related violations, such as unpaid wages, missed meal or rest breaks, or overtime violations, you have three years from the date of the violation to file a claim with the California Division of Labor Standards Enforcement (DLSE) or pursue a lawsuit. In some cases, this can be extended to four years if the claim involves a breach of written contract.


Wrongful Termination: If your wrongful termination is based on a violation of public policy, such as retaliation or discrimination, the time frame aligns with the statutes for those specific claims. For general wrongful termination lawsuits, the limit is typically two years from the date of termination.


Whistleblower Retaliation: Claims filed under California Labor Code Section 1102.5 (protection against whistleblower retaliation) must generally be filed within three years of the retaliatory action.


Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA): Claims for violations of these laws must be filed within two years of the violation, or three years if the violation was willful.


Breach of Contract: If your employment involves a written contract, you have four years to file a claim. For oral contracts, the time limit is two years.


It’s essential to act quickly if you believe your rights have been violated, as missing the statute of limitations can result in losing your ability to pursue a claim. Fraigun Law Group can help you determine the appropriate timeline for your case and take immediate action to protect your rights.

No, it is not legal for your employer to refuse to pay you for overtime hours worked from home if you are a non-exempt employee under California labor laws. California requires employers to compensate non-exempt employees for all hours worked, including overtime, which is defined as any time worked beyond 8 hours in a workday or 40 hours in a workweek. Overtime must be paid at 1.5 times your regular rate of pay, and double time applies for hours exceeding 12 in a single day or 8 hours on the seventh consecutive day of work in a workweek.
This requirement applies regardless of whether you work onsite or remotely. If your employer knows or should reasonably know that you are working additional hours—even without explicit authorization—they are obligated to pay you for that time. Employers cannot waive their obligation to pay overtime by arguing that the work was performed without approval. However, they may establish policies requiring pre-authorization for overtime to prevent unauthorized hours in the future.
If your employer is refusing to pay for overtime hours, document the extra hours worked, including emails, timestamps, and any communication with your employer.

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In California, your entitlement to overtime pay depends on whether you are classified as a non-exempt or exempt employee under state labor laws. Non-exempt employees are eligible for overtime pay, while exempt employees are not. To be classified as exempt, your job must meet specific criteria, including earning a fixed salary of at least twice the state minimum wage for full-time work (currently $64,480 annually for employers with 26 or more employees in 2024) and performing primarily executive, administrative, or professional duties that involve significant discretion and independent judgment. Most hourly workers and some salaried employees whose job duties do not meet the exemption requirements are non-exempt and entitled to overtime pay. In California, non-exempt employees must receive 1.5 times their regular pay rate for hours worked over 8 in a workday or 40 in a workweek, and double time for hours worked over 12 in a day or beyond 8 on the seventh consecutive workday. If you suspect you’ve been misclassified or denied overtime pay for hours worked on-site or remotely, consulting an employment attorney, such as Fraigun Law Group, can help you determine your rights and recover any unpaid wages.

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Yes, you can settle an employment law claim before trial, and in fact, many such cases are resolved through settlement rather than going to court. Settling before trial allows both parties to avoid the time, expense, and uncertainty of litigation. In an employment law case, settlement negotiations typically occur after a formal complaint is filed but can happen at any stage, including before filing a lawsuit. During the settlement process, your attorney will negotiate with the employer or their legal team to reach an agreement that compensates you for your damages, such as lost wages, emotional distress, and other harm caused by the violation. Settlements often include confidentiality agreements and other terms that must be carefully reviewed to ensure your rights are protected. Working with an experienced employment attorney, like Fraigun Law Group, can help you evaluate the value of your claim, negotiate a fair settlement, and avoid agreeing to unfavorable terms. A pre-trial settlement can be a faster and less stressful way to resolve your claim while still holding your employer accountable for their actions.

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Choosing the right employment law attorney is essential to protecting your rights and achieving the best possible outcome for your case. Look for an attorney with significant experience handling employment law cases in California, particularly those similar to your situation, such as wrongful termination, discrimination, or wage issues. Make sure they are licensed to practice in California and are knowledgeable about the state’s specific labor laws, as these can be more comprehensive than federal laws. Check reviews, client testimonials, and case results to understand how they’ve helped others in similar circumstances.
It’s also important to find an attorney who communicates effectively and is approachable. During your consultation, assess how well they explain the legal process, your options, and the possible outcomes. Be sure to ask about their fee structure, whether it’s contingency-based, hourly, or flat rate, and confirm they are transparent about costs. A trusted firm like Fraigun Law Group can provide the guidance and support you need to handle your employment matter with confidence and clarity.

Yes, you can file an employment claim after quitting your job. Many employment law violations, such as unpaid wages, discrimination, harassment, or wrongful termination, can still be pursued even if you are no longer employed by the company. In fact, some claims, like constructive dismissal, arise specifically when an employee feels forced to quit due to intolerable working conditions, such as ongoing harassment or unsafe environments.

The ability to file a claim depends on the type of violation and whether it falls within the statute of limitations, which varies based on the issue. For example, wage and hour claims typically have a three-year time limit, while discrimination claims under the California Fair Employment and Housing Act (FEHA) must be filed with the Department of Fair Employment and Housing (DFEH) within three years. After quitting, it’s important to document the reasons for your resignation, gather evidence of the violation, and consult an employment attorney to determine your eligibility to file a claim. Fraigun Law Group can help assess your case, ensure deadlines are met, and take the necessary steps to protect your rights after leaving your job.

Undocumented workers in California are entitled to many of the same rights and protections as documented workers under state and federal law. They have the right to be paid at least the minimum wage, receive overtime pay, and take legally required meal and rest breaks. Employers are prohibited from engaging in wage theft or denying payment based on immigration status. Undocumented workers are also protected by workplace safety laws, ensuring a safe and healthy work environment under Cal/OSHA regulations. Additionally, they are safeguarded against discrimination and harassment based on race, ethnicity, gender, or other protected characteristics, and employers cannot retaliate against them for asserting their rights or reporting unsafe conditions. Importantly, immigration status cannot be used as a defense to deny workers remedies for labor law violations, allowing undocumented workers to pursue claims if their rights are violated.

No, you are not required to disclose your gender identity to your employer in California. Under California law, including the Fair Employment and Housing Act (FEHA), your gender identity and gender expression are protected characteristics. Employers are prohibited from discriminating, harassing, or retaliating against employees based on their gender identity, gender expression, or transgender status. You have the right to choose whether or not to share this information with your employer, and you cannot be compelled to disclose it. Additionally, if you do choose to disclose your gender identity, your employer is required to respect your privacy, use your preferred name and pronouns, and provide access to facilities and accommodations that align with your gender identity. If you feel your rights have been violated in any way, contacting an employment attorney can help you understand your options and take action to protect your workplace rights.