Mr. Smaili believes that every Orange County resident has the right to work in a safe and healthy environment. He possesses a plethora of experience handling various types of employment law cases such as: sexual harassment, age discrimination, retaliation, disability discrimination, gender discrimination, discrimination based on sexual orientation, hostile work environment, pregnancy discrimination, misclassification (independent contractor versus employee), wage and hour claims, whistleblower cases and wrongful termination. In addition, S&A has a a trusted and dedicated referral network with workers’ compensation attorneys across Southern California.
The Basics
Workers’ Compensation: Under the Workers’ Compensation Act, employees and employers in California agree that any injury that is suffered by an employee within the course and scope of his/her employment must be covered by the employer (usually through the employer’s workers’ compensation insurance company), in return for the employee agreeing to forgo all other remedies for on-the-job injuries. This is called the compensation bargain, and is normally enforced by courts. However, there are numerous exceptions which would allow an injured employee to also sue his employer in a court of law for damages arising from an on-the-job injury, such as for discrimination, failure to accommodate an injury or disability, etc.
Employment Law: In addition to workers’ compensation damages (if there was an on-the-job injury), employees are also covered by the California Civil Rights which, among other things, prohibits discrimination, harassment and retaliation against employees by employers for the employee’s exercise of a protected right (i.e. filing a workers’ compensation claim, filing a charge with the California Civil Rights (CRD), the Department of Labor Standards Enforcement, the Equal Employment Opportunity Commission, or complaining to the employer of safety and other concerns), on-the-job injury, accommodation, failure to engage in a good faith interactive process aimed at reuniting an injured employee with his job, medical leave, personal leave, sick leave, failing to pay overtime, misclassification (independent contractor vs. employee), failing to provide proper workers’ compensation care, claim forms, treatment, etc., and terminating the employee for the employee having suffered the injury, or due to the employee’s age, religion, national origin, sex, gender, sexual orientation/identification, political opinion and for other immutable characteristics.
Employment law cases in California can get complicated very quickly. Often, the client has no idea that there are certain deadlines that must be met for a case to be filed in a court of law. A qualified attorney is a must in these cases.
DEADLINE TO FILE CHARGE WITH CRD: Within 3 years of employer’s conduct or failure to act.
DEADLINE TO FILE A LAWSUIT IN A COURT OF LAW: Within 3 years of receipt of right to sue letter from CRD.
One thing is clear: it is never easy for an employee to take on his/her employer. Many times, employers will have greater legal and financial resources than their employees. Employees are oftentimes intimidated by their employers or former employers, and often give up their legal battle before it begins. Frustration takes over. However, never give up your rights but seek fairness in every employment issue. Fighting discrimination, wrongful termination, sexual harassment or unfair hiring practices is tough, but not out of reach, as long as you have qualified legal representation. An attorney is able to act as your guide to the state and federal rights that belong to you and can help you seek justice.
If you are enduring difficult issues in the workplace in southern California please do not hesitate to contact Smaili & Associates located in Santa Ana, California.
Smaili & Associates has secured millions of dollars in settlements for its clients.
At Smaili & Associates, effective legal representation is our motto.