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Discrimination / Harrassment in the work place call me today!!

Call Us Today!
(559) 224-5900 or (661) 401-7621
Call Us Today!
(559) 224-5900 or (661) 401-7621

Areas of Specialty

AREAS OF SPECIALTY

why Do I Need An Employment Lawyer?

Do I Have a Case?

In general, there is no such thing as wrongful termination/discipline in most states if you don't have a contract saying you can only be fired for cause.  So why on earth would you ever need an employment lawyer?  How do you figure out if you have a case?
Why Do I Need An Employment Lawyer?
There are some times in your employment that you may definitely need an attorney. Here are some reasons you might need a lawyer.
Deadlines
Employment laws are a morass of confusing deadlines, prerequisites to filing suit, and requirements you might miss if you try to do it yourself. If you're thinking about filing suit, you probably want to speak to a lawyer.
Confusing claims
There are some employment laws on the books that you might not know about, so you might have a case you don't know about. And there are some laws you think exist, that don't. If you think you might have claims, if your termination doesn't feel right or you think something has happened that's illegal, you might want to run it past a lawyer.
Being taken seriously
Some employers don't take you seriously unless you have representation.
Uncomfortable in confrontations
If you're trying to negotiate your own employment agreement or severance package, many people don't feel comfortable being in a confrontational situation or advocating for themselves. Sometimes it's better to have an advocate.
When you absolutely, positively need a lawyer
If any of these happen to you, you should contact a lawyer immediately:  Your employer or former employer sues or threatens to sue you.  You're being asked to sign an agreement that you don't fully understand, especially if it's a noncompete, confidentiality, arbitration, or employment agreement.
When you might want a lawyer
  • If you think your employer or former employer has broken employment laws;
  • If you have been retaliated against for complaining about discrimination or something illegal the employer has done;
  • If you're not being paid all the wages you're owed;
  • If you think you're misclassified as exempt from overtime or as an independent contractor.
When you probably don't need a lawyer
  • To make a written complaint of discrimination to the human resources department, as long as you follow the policy;
  • To attend a disciplinary meeting (take good notes, don't sign anything except a form acknowledging receipt of the discipline, and sign "as to receipt only, rebuttal to follow);
  • To sign documents you understand, like applications, insurance forms, and tax documents.
  • To file a union grievance if you're a union member (use your union rep - they're free).

Do I Have A Case?

Here is a checklist to help you figure out if you might have a case against your employer. It's not exhaustive, since every state has different laws, but this will give you a start.

CASES INVOLVING TERMINATION, DEMOTION, OR SUSPENSION WITHOUT PAY

If you answer yes to any of these questions, you may have potential claims. Contact the office of Eric P. Oren to find out if you have a case if any of these occurred shortly before your termination, demotion, and suspension without pay or other discipline.

_____ Did you make a worker's compensation claim shortly before being fired?

 _____ Had you recently objected to, refused to participate in, or reported illegal activity or discrimination by the company? (as opposed to something unethical or a violation of company policy)

_____ Had you recently had surgery, revealed the existence of a medical condition, genetic information or pregnancy?

_____ Has the employer made a false statement of fact (as opposed to opinion) about you to someone outside the company, such as a potential employer?

_____ Had you recently performed jury duty?

_____ Had you recently served in the military?

_____ Had you recently taken family or medical leave?

_____ Had you recently served as a witness in a lawsuit or provided testimony or evidence to EEOC?

_____ Had you recently engaged in activity for the benefit of co-workers with respect to terms and conditions of employment?

_____ Did your employer fail to pay you for all hours worked, or fail to pay overtime if you worked over 40 hours per week? Many times, employees are misclassified as exempt and will be owed back wages for up to 2 - 3 years.


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LAW OFFICES OF
ERIC P. OREN INC.

(559) 224-5900
225 W Shaw Ave Ste 105,
Fresno, CA 93704
In Business Since 1982
Business Hours
Mon: 08:00 AM - 05:00 PM
Tue: 08:00 AM - 05:00 PM
Wed: 08:00 AM - 05:00 PM
Thu: 08:00 AM - 05:00 PM
Fri: 08:00 AM - 05:00 PM
Sat: Closed
Sun: Closed
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