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The statute of limitations is the time limit you have to file a lawsuit before you relinquish your rights under the law. In California, discrimination, harassment, and retaliation claims under the Fair Employment & Housing Act (FEHA), has a 3 year statute. It's 2 years for most personal injury, 6 months against a government entity, and 4 years for breach of contract.
The process for claims of discrimination, harassment and retaliation, fist requires filing a complaint with the Civil Rights Department of California (CRD) before you can file a lawsuit in civil court. However, you may instead have the CRD investigate and prosecute your claims on your behalf, but then you relinquish your right in civil court. You are choosing your venue. For wage and hour issues like overtime, misclassification, and meal and rest breaks, you need to file with the Department of Labor Standards Enforcement or hire an attorney (DLSE). An attorney can help you with either CRD or DLSE procedures. Employment laws in California change frequently and require a sophisticated understanding of how the facts give rise to certain rights under the law. Talking to a qualified employment attorney is your best first step before doing anything that cannot be undone.
If you are experiencing workplace discrimination or harassment, it is important to document the incidents and report them to your supervisor or HR department in writing (email or text). If the company fails to take action, or if the situation continues, you may want to consider contacting an employment law attorney to discuss your options.
Joshua Y. Lee, Esq., is the lead attorney and he speaks both English and Korean. We are affiliated with translators and other professionals who speak Spanish, Korean, and Hmong.
We offer free consultations when representing plaintiffs on contingency (no out of pocket up front fees to the client) employment or personal injury matters. Business or personal needs that require advice, reviewing documents, setting up a corporation or LLC, drafting contracts, or similar situations, require a fee. We have flexibility and can bill hourly or a flat rate depending on the specific facts and needs. We will always be up front about any potential costs and ensure you are well aware ahead of time and also agree to them before proceeding forward.
We typically handle 80% plaintiff's side cases representing employees and injured parties. Joshua would never knowingly engage in a conflict of interest with any of his former or present clients. Our office holds itself to the highest ethical standards and duty of confidentiality and abide strictly by the attorney-client privilege. As already stated, a great majority of our practice is in representing plaintiff employees who have a meritorious claim. However, because of our experience, we are sought out by small to mid sized businesses where we can offer cost effective resolution of pre-litigation and litigation matters and also advise on preventative policies and procedures to become compliant with California labor and employment laws.
Yes. In fact, referrals are always welcomed and a preferred way of getting new clients. Because of the rules of professional conduct and code of ethics that lawyers are held to, we have unique arrangements for a) lawyers and b) non-lawyers. Contact us for further details. If there is an area of law that is beyond the scope of what we handle, we are happy to refer you to another attorney who can assist. It is your duty to investigate and interview these lawyers yourself before making a hiring decision.
Employment laws primarily focus on rules/laws/regulations around treating employees fairly in the workplace and prevent employers from taking advantage of them. Most commonly, these laws fall under two categories: (Wage & Hour) – Guaranteed minimum wage, ensuring proper overtime and breaks, and proper classification of exempt v. non-exempt employees v. independent contractor issues or (Unlawful discrimination against the Fair Employment and Housing Act – the FEHA) – Which provides protections against unlawful discrimination for protected class or conduct; such as being bullied or treated badly at work because of/as a motivating factor of/as a substantial factor due to your race, ethnicity, disability, request for disability leave or accommodation, pregnancy, request for pregnancy leave or accommodation, military status, religious beliefs, age – if over 40, gender, and other categories enumerated under the law. What is not listed is not covered. Employment attorneys either prosecute offenders for damages or defend employers when such a lawsuit comes their way and also provide advisory service to correct and clean up internal practices of the business operations. Labor law involves unions and is the same as employment law with the added grievance procedures under the Collective Bargaining Agreement (CBA) which must be followed before the employment laws can be enforced.
Worker’s Compensation, on the other hand, is essentially medical care and leave rights for job related injuries. Think of this as what happens when you throw your back for loading a truck at work, getting carpel tunnel syndrome due to excessive and repetitive movements from your job, and stress leave as it pertains to your job related anxiety. There is some overlap between Employment law discrimination type violations and worker’s compensation because these inherently personal offenses trigger rights under both disciplinary areas of law. Further questions can be asked of any employment law or worker’s compensation attorney in California.
Amy Barr, Case Manager and Notary
Tel: (714) 369-7381
Fax: (714) 459-7037
All conversations are strictly confidential and we offer free consultations for some matters. After hours and weekend appointments based on need and availability. All in-office consultations are by appointment only. No walk-ins. Please call or email to reschedule or cancel. Thank you.
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This website is not intended to constitute advertising or solicitation under the applicable laws and ethical rules. Joshua Y. Lee is admitted to practice only in California, and the firm’s main office is physically located in Fullerton, California. This website is not intended to solicit clients who are located in or outside the State of California.
If you contact us and we have not already expressly agreed to represent you, your communication will not be treated as privileged or confidential. Any and all reviews, including those on third party websites such as Yelp, or endorsements by past or present clients or colleagues, are based on each of their unique experiences and do not in any way imply the same or similar results for others.
Law Office of Joshua Y. Lee does not offer any guarantee, warranty, or prediction regarding the outcome of your legal matter and anything posted by or on behalf of our firm does not impliedly or expressly offer such guarantee, warranty, or prediction of outcomes. We do not hold ourselves out to be tax experts and do not give tax advice. Some matters have a statute of limitations and as such it is best to act sooner rather than later if you feel you have a legitimate legal matter. Please contact our office with your questions.