Employment Law encompasses the following employee- employer issues: Wrongful Terminations, Employment Discrimination, Sexual Harassment, and Wage and Hour Law (Overtime and Minimum Wage) and working off clock.
Workers’ Compensation (On-Job Injury)
If you were injured on the job, chances are you are a candidate for compensation. Most cases of injury on the job are covered by workers’ compensation, regardless if the injury is at the fault of the employer or even the employee’s mere clumsiness. In fact, the few instances in which coverage can be denied include self-inflicted injuries, injuries which occur while the employee is committing a crime, and injuries which occur while the employee is directly breaking company policy. If you were injured on the job, it is imperative that you immediately report your injury to your employer, seek medical attention, and find legal advice. Giving a recorded statement of the injury to the insurance company before consulting an attorney could result in the loss of your candidacy of workers’ compensation.
Most employee-employer relationships are considered “at will.” An at will employment relationship basically means that both the employer and the employee can terminate the employment relationship at any time and for any reason (with or without cause) so long as it is not an illegal reason. Though most employee relationships are “at will,” employees are frequently terminated without cause in contravention of state or federal law, their employment contract, or their employment handbook. In these instances, an employer has committed a wrongful termination and should be liable for their unfair treatment. RON KIM LAW is prepared to review your specific employment situation and fight for your legal rights against an employer that has wrongfully terminated your employment.
Federal and State law prohibit discrimination in the workforce. These laws prohibit discrimination in all aspects of your employment relationship including the application, hiring and firing phases, promotions, raises, health benefits, vacations, time off and other conditions of employment. Discrimination can be made on the basis of race, gender, age (over 40), disability, national origin, religious creed, and sexual orientation.
Call RON KIM LAW with your questions relating to discrimination based on:
- Age Discrimination (Over 40 years old)
- Race Discrimination
- Gender (Sex) Discrimination
- National Origin Discrimination
- Disability Discrimination
- Retaliation (Retaliatory Discharge)
If you have been discriminated against, you may need to file a state human rights violation or a charge with the Equal Employment Opportunity Commission (“EEOC”) within a short time period. RON KIM LAW has represented numerous clients in Equal Employment Opportunity Commission (“EEOC”) complaints and mediations and has trial experience in employment discrimination, if litigation is deemed necessary. Please do not hesitate to contact RON KIM LAW for a free consultation if you have been the victim of any type of employment discrimination.
Sexual Harassment includes “unwelcomed sexual advances or conduct” In the workplace, gender-based animosity, and a sexually-charged, hostile work environment. Though most sexual harassment occurs by a supervisor or other authoritative figure, an employee can be sexually harassed by a co-worker, customer, manager, lead person, foreperson, partner, and/or owner. Employees are protected under both state and federal law against workplace sexual harassment. Examples of sexual harassment include work-related benefit offers in exchange for sexual favors, inappropriate physical touching and demands by a co-worker, constant unprofessional sexual jokes or references, the presence of sexually-oriented images, pictures, and displays in the office, or an otherwise hostile work environment.
RON KIM LAW will not stand for sexual harassment in the workplace. If you have been the victim of sexually hostile, abusive, or offensive conduct at work, please call RON KIM LAW to discuss your legal options.
Wage and Hour Laws (Overtime and minimum wage)
Federal law protects an employees right to overtime payments for time worked over 40 hours a week and for payment of the minimum wage. The Fair Labor Standards Act (FLSA) governs wage and hour law by defining the 40-hour workweek, establishing a federal minimum wage (states may have a higher minimum wage), providing for overtime payments, and regulating child labor. Generally speaking, employees must be paid for any “work time” – time spent on an activity that is performed for the benefit of the employer. Further, employers will occasionally misclassify employees as exempt employees under the FLSA and forego their owed overtime payments. If an employer violates the FLSA, a plaintiff employee is entitled to statutory damages, which include past wages, attorney fees, and liquidated damages.
If you have not been paid the minimum wage or overtime or been forced to work off the clock, please contact RON KIM LAW at your earliest convenience to discuss your situation. Even if you are unsure of whether you qualify for overtime pay, it is best to discuss your situation with a trained legal professional. RON KIM LAW offers free consultations and is prepared to investigate your current employment issues.