As California’s leading employment law firm, we get hundreds of calls a month from potential clients who work for the largest employers down to “mom and pop” entities. As Los Angeles employment attorneys we advise potential clients that the size of their employer (usually “former employer” by the time we get the call) determines the legal obligation of the employer. Here’s some guidelines:
1) For “leave” violations like California Family Rights Act or the federal Family Leave Act there must be 50 employees within 75 miles of the employee’s normal work site. Each worker must have 1,250 hours in the last twelve months.
2) For discrimination based on race, religion, national origin, sex, age and physical or mental disabilities, the California Government Code requires 5 employees, not counting owners unless the owner is a payroll employee also. For federal EEOC discrimination 15 employees are needed. Www.dfeh/gov.
3) There is No minimum for California Labor Code violations. Many of our retaliation, whistle blower and wrongful termination cases are against enormous corporations in aerospace, health care, finance, insurance, transportation, and the like but there is no minimum needed.
4) Sme cases are a hybrid of causes of action, and your case may require that only some issues be litigated due to employee size.
In our next blog, we’ll talk about critical time periods in which to sue. Retaliation for whistleblowing can have time periods as short as six months to six years!
This guide is for educational purposes only. Only an experienced attorney with knowledge of your specific facts can give you correct and complete advise. Let’s chat about your case. Call me anytime. Steve Danz 877 789 9707