Employers take advantage of employees in many different ways. They fall to follow federal and state laws. They discriminate based on who you are and not your job performance. Some employers fail to pay you what you’re due. Employers need to be held accountable when they retaliate against workers who file whistleblower claims or assert their legal rights. Employers often try to shortchange workers by not paying them what the worker has rightfully earned.
At the Law Offices of Stephen Danz & Associates, we’ve been fighting for employees for more than 40 years. We help workers assert their employee rights and hold employers accountable when they don’t respect your rights. We have a strong track record of success in filing legal claims in federal and state courts, before arbitrators and mediators, and before the government with agencies. We keep current with the ever-changing federal and California laws. We handle the full range of employee workplace cases including the following:
Discrimination in the workplace
Employers who meet the requirements of the Civil Rights Act of 1964, the Americans Against Disabilities Act, and numerous other laws generally cannot discriminate against workers for the following reasons:
- National origin
- Age (over 40)
- A Disability
- Military status
- Other personal characteristics
Discrimination includes failing to hire someone, firing an employee, or failing to promote or offer career opportunities to an employee based on their identity characteristics. Employees can be held liable for back pay, bank benefits, statutory damages, legal fees, and other damages.
We also help employees understand that when employers offer severance agreements, they often are trying to take advantage of their employees. Employees are usually asked to give up their rights to file legitimate claims against the employer in return for being paid a sum of money. Employees who have a:
- Whistleblower claim
- Retaliation claim
- Discrimination claim
- Claim for creating a hostile environment
or any other employment claim should speak with our office so we can review your claim and determine
if the severance package should be rejected or if it should be negotiated. Even when there is no valid claim, we can often negotiate a higher payout since the company will be saving a lot of money by ending your employment. Employers should pay your overtime pay and vacation pay in addition to offering a lump sum payment.
Santa Clara employees who have reason to believe their employer committed fraud involving government contracts, submissions for payment to Medicare and Medicaid, tax fraud, and other types of fraud have the right to disclose this fraud to the US government and California’s government. Laws, such as the False Claims Act, actually encourage workers to come forward by offering whistleblowers a percentage of any recovery.
Employers, in most cases, cannot retaliate against a worker by firing the worker, ostracizing the worker, or engaging in other punishments. The False Claims Act and other whistleblower laws give whistleblowers the right to hold their employers liable for monetary losses, statutory damages, and legal fees – if they retaliate against the whistleblower for helping to disclose fraud.
Fair pay and benefits
We fight for employees when employers fail to pay workers the pay and benefits they are due. There are different federal and California lawyers who enforce employee income rights. These include:
- The Fair Pay Act. This law prohibits employers from paying workers different wages for the “equivalent” jobs – based on their sex, race, or national origin
- California’s Fair Pay Act. This law, like the federal counterpart, forbids employers from paying workers a lower pay based on their gender – provided the jobs require the same skill, responsibility, talent, and where the working conditions are similar. Some exceptions are allowed based on seniority, location, and other factors.
- Overtime and meal pay. California (and the federal government) have laws that regulate when workers are eligible for overtime pay and the amount of that overtime pay. In addition, California also regulates when employers must pay for meals
Additional types of workplace claims
Our experienced Santa Clara lawyers also understand their rights and how to enforce them in the following matters:
- Sexual abuse and harassment in the workplace
- Safety rights such as the requirement of employers to comply with the Occupational Health and Safety Act
- Severance agreement offers which often can be negotiated for higher sums
- Medical leave violations
- Breaches of employment contracts
- Restrictive covenants such as improperly trying to enforce non-compete clauses
- Elder abuse violations
- Other employee rights
If you believe or you’re not sure if an employer has treated you improperly, the skilled employment attorneys at the Santa Clara Law Offices of Stephen Danz & Associates will explain your rights and help you get justice. Please call our office at contact form to schedule an appointment.our use our