Employment Law

Los Angeles Employment Law Attorney

Most of us spend majority of our waking hours at work. Employees, and the law, expect the employers to treat every employee with respect and dignity. Candidates are hired and promoted based on their abilities and performance. Discrimination and harassment ought to have no place within a workplace.

Unfortunately, the reality is that not every workplace follows the law or these basic requirements. When that is the case, when employees are faced with unfair employment practices, Martinian & Associates has the experience, ability and the compassion to stand up against even the biggest employers in the court. Our job as Los Angeles employment lawyers is to advocate on behalf of workers to ensure that they are getting the rights they are entitled to by law. Our attorneys protect employee rights.

Safeguarding Our Clients' Employment Rights

At Martinian & Associates INC., our primary goal is to protect our clients' employment rights. As a worker in the greater Los Angeles area, you have the right to be free from various types of discrimination as well as a variety of other rights such as the right to minimum wage, the right to fair compensation and the right to medical leave. Listed below are some of the types of cases our firm is prepared to take on:

Age Discrimination
Age discrimination can be a difficult type of discrimination to prove, because in many cases, employers use something else to justify their treatment of an employee, such as poor overall performance. The U.S. Equal Employment Opportunity Commission enforces the Age Discrimination in Employment Act (ADEA) which makes it illegal to discriminate against someone who is aged 40 or older. It is not illegal for an employer to take preference of one of their older employees over a younger employee.

LGBT Rights
It is against the law to discriminate against an employee purely on the basis that they identify as lesbian, gay, bisexual or transgender. Recently, the Senate approved of the Employment Non-Discrimination Act (ENDA) which would forbid LGBT workplace discrimination, further defining employees' civil rights. Currently, the law makes it illegal to discriminate against an employee on the basis of race, color, sex, nationality, religion, age or disability.

Pregnancy Discrimination
Our Los Angeles employment attorneys fight for women experiencing pregnancy discrimination. According to Title VII of the Civil Rights Act (aka "The Pregnancy Discrimination Act"), it is unlawful for an employer or any other employee to discriminate against someone on the basis that they are pregnant. Specifically, there are four protections for pregnant women under this act: 1) Employers cannot deny employment to someone solely on the basis that they are pregnant, 2) Employers must treat pregnant women going on maternity leave the same way they would treat a temporarily disabled employee. Women can work while pregnant as long as they are able to perform their jobs without hindrance, 3) Employers must provide health insurance that covers pregnancy, 4) It is against the law for an employer to withhold pregnancy-related benefits from unmarried women.

Racial Discrimination
At Martinian & Associates, our Los Angeles employment lawyers protect employees against race and color discrimination. When employers, supervisors and even coworkers treat an employee or potential hire differently solely on the basis of their ethnicity or skin color, this is a violation of the Civil Rights Act. Racial discrimination can also affect employees who are married to someone of a different race or color. Racial discrimination can take on many forms, such as firing an employee because of their race, paying someone a lesser salary because of their race or demoting an employee for reasons of race, as a few examples.

Religious Discrimination
What is religious discrimination? It is when an employer, supervisor or coworker treats an employee differently because of their religious affiliation or the religious affiliation of that worker's spouse. This protects workers from harassment, wrongful termination, unfair pay and the like solely on the basis of what religion they identify with.

Sexual Harassment
Our Los Angeles sexual harassment attorneys protect employees against this type of harassment at the workplace. Although sexual harassment is commonly associated as an offense against women by men, women can also be guilty of sexual harassment. Sexual harassment can include everything from sexual or crude joking to unwanted sexual advances. If you are being harassed at the workplace because of your gender, or more seriously, your workplace has become hostile or offensive due to the heavy presence of sexual harassment, then Martinian & Associates INC. can help.

Wrongful Termination
Employment law attorneys at our firm protect employees against wrongful termination, that is, being fired or laid off for wrong reasons. What constitutes "wrongful" termination as opposed to just termination? If you or someone you love has been let go from their position of employment solely or primarily on the basis of their sex, race, religion, age, etc. then you may have a legitimate wrongful termination lawsuit against your employer.

Denial of FMLA
The FMLA stands for the Family and Medical Leave Act. According to the United States Department of Labor, Wage and Hour Division, this act provides qualifying employees with as many as 12 workweeks of unpaid leave for medical and/or family-related reasons. While these weeks are unpaid, the worker who takes them will not have their job threatened for taking time off of work. In order to qualify, you must work for a covered employer (that employs at least 50 people) and have worked at least 1,250 hours and at least 12 months with that employer.

Disability Discrimination
Disability discrimination is unfair or unequal treatment of an employee or potential employee because of a physical or mental disability, or a history of disability. Employees are protected by anti-disability discrimination laws such as the Americans with Disabilities Act or the Rehabilitation Act.

Wage and Hour Law
All non-exempt employees are protected by the Fair Labor Standards Act (FLSA) and should receive at least the minimum wage (California minimum wage currently $8.00 per hour) and should receive overtime pay for all hours worked over the regular 40-hour workweek (time-and-a-half). Unfortunately, many employers do not fairly compensate their employees because they intentionally or negligently misclassify them as exempt. Our Los Angeles employment lawyers protect employees against wage and hour discrimination.

Contacting Our Los Angeles Employment Lawyers

If you are ready to take the next step and contact a Los Angeles employment law attorney to protect your employment rights, contact Martinian & Associates INC. today. Our law firm has years of experience representing workers in claims against their employers and supervisors for things like discrimination, wrongful termination, wage and hour violations, denial of FMLA and much more. For a free and confidential case evaluation, contact a Los Angeles employment attorney at our firm today!

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