Sacramento Employment Attorney | Wrongful Termination, Sexual Harassment, Discrimination

For more detailed information about Bowman & Associates’ Employment Law Services, please visit our dedicated Sacramento Employment Law Firm website.

As the employment relation between employers and employees develops, each of the parties has duties related to the relationship. Employees have rights based upon several theories under the law. An employer may not single out and treat an employee differently based upon a protected characteristic; such as race, religion, color, national origin, disability and several other legally protected characteristics.

Further, an employer may not retaliate against an employee for an issue related to public policy, such as service on jury duty. Lastly, an employer may not retaliate against an employee’s privacy, to use reasonable diligence in their hiring and retention practices and to honor their own policies and procedures.

If you have been singled out and treated differently, held to different standards, and subjected to a hostile and offensive environment because of a protected characteristic, or retaliated against, you have the rights and the Law Office of Bowman & Associates, APC is here for your advocacy.

Discrimination Attorneys

The Law Office of Bowman & Associates helps clients who have been discriminated against on the basis of their race, age, religion, national origin, gender, or pregnancy status. Generally, it is illegal to treat a worker different or not offer them work based on these protected categories.

We vigorously litigate claims in which an employer attempts to retaliate against an individual for exercising their rights under the anti-discrimination laws. Indeed, it is unlawful to retaliate against an individual for opposing employment practices that the individual in good faith believes are discriminatory on the basis of race. In addition, an employer may not retaliate against an individual for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation involving race discrimination.

Wrongful Termination

If you have been injured while working for your employer, Bowman & Associates will fight for you to obtain the full range of workers’ compensation benefits owed to you. Workplace injuries can include on-the-job injuries due to a specific event like a slip and fall as well as injuries that occur over time due to repetitive physical activities, such as carpal tunnel syndrome and back and leg problems. Workplace injuries can also include work-related illnesses such as hypertension, heart disease, breathing problems, or conditions related to exposure to toxic chemicals or fumes. Bowman & Associates will represent your rights and needs however your workplace injury came about.

California law requires employers to carry Workers’ Compensation insurance, unless they are specifically qualified to insure themselves. The insurance carried by the vast majority of employers may cover medical expenses, lost wages during disability from your injury, and compensation for your temporary or permanent disability. As most people know, seeking adequate coverage from an insurance company is rarely a simple or easy process. Determining what benefits and compensation you are entitled to can give rise to complex issues which may lead to disputes between you, your employer and your employer’s insurer. To navigate this process, you will need a tireless advocate for your rights to make sure you receive appropriate compensation and medical care for your injuries.

Wages, Hours & Overtime

Federal wage, hour, and overtime laws are regulated by the Fair Labor Standards Act (FLSA). In addition, most states have similar wage and hour laws governing overtime. Non-exempt employees should be paid at least 1 1/2 times their hour salary for overtime hours worked. Overtime hours can include working more than 40 hours in one week or more than 8 hours in one day. Unfortunately, in some instances, company greed or ignorance prevent you from receiving your entitled overtime pay. The following are guidelines to help you determine if you are not being fully compensated for your overtime work:

You are requested or demanded to work “off the clock”
Your time sheet is altered to reflect no overtime, even though you worked overtime
You are automatically clocked out for breaks and lunch, whether you take them or not
You are denied overtime because it was not approved in advance by your manager or supervisor
You are paid your hourly wage for overtime
You are told to put your hours down on the following week or granted comp time for your overtime hours
You are not paid for getting ready for work or for cleaning up your work space after work, even though both may be a requirement
You are paid less than a minimum wage
You are denied breaks or meal time even though you are entitled to them

Unemployment Compensation Lawyer

California’s Unemployment Compensation law provides benefits for most employees who are terminated from their employment. Unemployment Compensation benefits can be denied only in limited circumstances such as when the employee is terminated for actual ‘misconduct’ as narrowly defined by the statute or where the employee voluntarily quits work without good cause attributable to the employer. Employees who file for Unemployment Compensation benefits and are denied their claims can appeal the decision.

Often employers contest Unemployment Compensation benefits in circumstances where the employee is in fact entitled to benefits. These benefits are intended to be a safety net, and are not denied based upon mere poor work performance.

If you have been unfairly denied of your unemployment benefits, or are an employer being challenged, contact an experienced unemployment compensation attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation today.

Sexual Harassment Attorney

Sexual harassment is a form of gender based discrimination, actions taken against a person based upon their gender. California employers of one or more employees are required to take all reasonable steps necessary to prevent harassment from occurring in the workplace. Sexual harassment typically falls into two categories, “quid pro quo” which makes a condition of job continuance, benefits, promotions, etc. on receipt of sexual favors; and “hostile environment” where the unwelcome sexual comments, touching, and or visual displays of a supervisor or coworker create an environment poisoned by the harassment. Employers are required to have a policy and to post and distribute information relating to the illegality of sexual harassment.

If you have been harassed while on the job, sexually or otherwise, contact an experienced sexual harassment attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation today.

Workers’ Compensation

Employee Retaliation Lawyer

Retaliation is an act by an employer, either economically tangible or more subtle, in an attempt to have an adverse affect on an employee who has objected to sexual harassment, discrimination, or other illegal activity. Retaliation may also occur where a woman has taken leave under the Family and Medical Leave Act.

One type of retaliation is where the victim can show a tangible adverse employment action including termination, a pay-cut, or another demonstrable act that caused economic injury or significantly altered the terms and conditions of the employment relationship.

If you complained about an employer’s illegal actions and were transferred to a different location or you lost certain benefits, you could claim that you suffered from an act of retaliation. Retaliation also includes more subtle acts, such as changes to your work shift. The court will look at the context and the particular circumstances surrounding your claim to determine the effects of an act of retaliation. You may have had child care needs and now a retaliatory shift change prevents you from managing those needs.