FAQs:
Frequently Asked Questions

Below are some of the most frequent questions we hear on a regular basis. If there’s something on your mind that isn’t covered below, don’t hesitate to give us a call and schedule an appointment.

The amount of time you have to file an employment discrimination or wage related claim varies. Some claims have statute of limitations are less than 1 year and other claims can be pursued up to 4 years. If you are considering filling an employment related claim, it is extremely important that you contact an attorney immediately in order to protect your claim.

We offer free consultations to employees who believe that they have been treated unfairly, wrongfully terminated, not been paid for all hours worked or at the proper rates, not received proper meal/rest periods, and for many other employment issues. We also often assist employee’s on a pro bono basis in obtaining their personnel files, time records, and pay records.

Most clients of the Employee Advocates at Winston Law Group, P.C. are represented on a contingency fee basis. That means that you won’t pay anything unless you win your case.

Employees who have been discriminated should consider retaining an attorney to assist them in obtaining legal remedies and lost wages. An employee may on their own or with the assistance of an attorney file a lawsuit or a complaint with one of several different state and federal agencies.

No. Labor Code § 98.6 prohibits employers from retaliating or taking any adverse actions against employees who file a claim, participate in an investigation, or assist another employee with their claim. Labor Code § 1102.5 also prohibits an employer from retaliating against employees who complain about unlawful conduct or treatment to either the employer or the State of California.

Your employer cannot retaliate against you for filing a claim against them. To do so is illegal and would present you with another cause of action against the employer.

In 2015, the Equal Employment Opportunity Commission (EEOC) received more than 89,000 charges related to workplace discrimination. Workplace discrimination claims rose 7 percent between 2014 and 2015.

Yes, the California Fair Employment and Housing Act (“FEHA”) prohibits employers from taking any adverse actions against employees for becoming Pregnant. An employer or any supervisory employee may not harass, demote, fail to provide training or promotional opportunities, or terminate an employee based upon their pregnancy status. In addition, an employer may be required to provide a pregnant employee with time-off either as a statutory right or as a reasonable accommodation to the employee.

The amount of time-of that an employee can take based upon a pregnancy varies based upon a number of factors. Under the Family Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) employees who have worked more than one year for an employer and at least 1,250 hours over the past twelve months preceding the request can take twelve (12) weeks of unpaid leave.

In addition, California’s Pregnancy Disability Leave Law also requires employers to allow employees to take up to four (4) additional months of for any disability related to pregnancy and childbirth. An employee may also be entitled to additional leave under the Americans with Disabilities Act (“ADA”) or FEHA as a reasonable accommodation for pregnancy related disabilities.

Under California law employers must provide reasonable accommodations to employee’s who wish to express milk, which may include additional unpaid rest periods beyond those normally required under California law.

No. Employers in California must provide employees with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area where the employee can express milk in private.

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