As a significant part of his law practice, Mr. Primuth represents employees in court fighting for their legal rights. He represents employees in wrongful termination, over time, misclassification, discrimination and retaliation cases.
Wrongful termination – You may have a claim for wrongful termination if your employer used an improper reason to remove you from your job. There are many exceptions to California's "at-will" employment doctrine. You need to carefully evaluate the circumstances surrounding your separation from your employer to see if it complied with the numerous laws and regulations designed to achieve fairness in the workplace. At the same time, not every unfair or unreasoanble basis for terminating an employee is a legal violation that can be taken to court. Each situation is different and requires individual attention and analysis.
Over time and wage and hour issues - California has very specific and strict rules for compensating employees. A myriad of considerations should be looked at to see if your employer has complied with the applicable law. Did they properly classify you as an exempt employee? Have they correctly calculated your working hours and over time compensation? Did they pay you on time? Have they complied with the meal and rest period requirements, and have they issued proper itemized wage statements? If they have failed to fulfill these legal obligations, you may be able to recover damages and monetary penalties. Misclassification - California requires employers to classify their employees as exempt or nonexempt. "Exempt" employees, such as managers, high level administrators and professionals, can receive a fixed salary as long as their actual work reflects their exempt status. Nonexempt employees generally must be paid over time if they work more than 8 hours in a day, or more than 40 hours in a workweek. Unfortunately, some employers may unintentionally misclassify an employee as an exempt "manager" or "administrator" without paying close attention to the test for exemption. Has the employer paid you a salary as a manager or administrator but failed to give you high level work? Has the employer given you an unreasonably large amount of routine tasks that take up most of your time on the job? If the answer to these questions is "yes," you may be improperly classified as an exempt employee. You may need to evaluate your "exempt" work to determine if you should receive over time compensation and other wage and hour benefits and protections.
Discrimination and retaliation - The California legislature and courts have created a number of important rights for employees who fall into a protected category. It is illegal for an employer to discriminate against you in the terms and conditions of your employment based on you race, gender, religion, age, disability and many other classifications. It is also illegal for an employer to retaliate against you for complaining about illegal practices, so called "whistle blower" complaints. "Whistle-blowers" are employees who complain about workplace safety or illegal conduct in the workplace or refuse a supervisor's direction to participate in illegal conduct. A number of laws and regulations exist to protect employees from being pressured or targeted because they engaged in conduct the law protects ("protected conduct"). Employers who violate these laws are subject to liability and damages.
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