Workers’ Compensation Lawyer San Diego, CA

Employment Law Attorney Robert A. McLaughlin, APC

Protecting the rights of injured workers

Seated person speaking to lawyer about employment law caseWherever you work, you have certain rights as an employee. As an employee, you have the right to be treated fairly and with respect by your employer. Not only is it the right thing to do, it's the law. The penalties for violating the law are severe. Even so, some employers still treat their workers with shocking unfairness and disrespect. That is never acceptable.

We are experienced advocates for employees. We have a record of success in fighting violations of employment law. We have successfully used the legal system to consistently get results for clients.

At Robert A. McLaughlin, APC, our only interest is in protecting the rights of workers. We only represent employees, not employers. If an employer has violated your rights, can be your voice. We can help you get the justice and compensation you rightfully deserve.

"How do employers violate the rights of workers?"

Most employers follow the law and treat their workers fairly. And when there is a violation, they have set up procedures to deal with it appropriately.

But there are still some employers that take advantage of workers and mistreat them. Some common violations we see involve:

Some employers may not be aware of federal, state and local employment laws. Others think they are above the law. Either way, there is no excuse for treating employees with anything other than fairness or respect. And we will not rest until the offending employers pay for their actions.

"What should I do if an employer has violated my rights?"

The first and most important thing you should do is put everything in writing. We would advise you to make a formal, written complaint to your supervisor or human resources department. In the complaint, include specific details about what happened, when it happened and how your supervisor or other employees responded.

Next, contact us for a free case review. We'll go over the facts together. Then we can advise you on the best way forward. Your employer may take action on the complaint. But if it is not addressed in a satisfactory way, we can pursue legal options.

Compensation in employment law cases can include direct economic losses as well as the loss of any future income. In some cases, you may also be able to seek compensation for emotional suffering, as well as punitive damages.

If an employer has violated your rights, you do not have to stand for it. We can help you get the justice and compensation you deserve.

"What employment laws protect my rights if I have a disability?"

The federal Americans with Disabilities Act (ADA) protects the rights of disabled people. This law makes it illegal for an employer to fire, fail to promote, fail to hire or mistreat a person who has a mental or physical handicap, if they are capable of doing the job. In addition, an employer must provide reasonable accommodations for disabled employees. If your rights are violated under the ADA, you can seek financial compensation.

Person shaking hands with employment law attorneyThe state of California also has a law called the Fair Employment and Housing Act (FEHA). It has been used on behalf of employees how have been victims of discrimination and harassment. But it can also be used to help workers who have lost wages or their jobs after a workplace accident that left them unable to perform their job duties without reasonable accommodation.

A successful FEHA claim entitles the wronged employee to lost wages, and in some cases, damages for pain and suffering, and punitive damages. In addition, the employer must pay the employee's attorney fees.

Attorney Robert A. McLaughlin has been a leader in the use of FEHA claims to get compensation for employees left with a disability after a workplace accident. He uses his lengthy experience in workers' compensation cases and understanding of disability law to get the best results for his clients.

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"What kinds of discrimination can occur in the workplace?"

In addition to discrimination based on disability, employees can also be discriminated against on the basis of other factors. For example, their sex, race, religion, age or sexual orientation.

In some cases, people are denied employment due to one of these factors. Or they may be denied a promotion, or even fired. The employer may give other reasons for the action that don't sound believable. But workers don't have to just accept it and move on. Their rights have been violated. They can seek financial damages, and in some cases, punitive damages. In other cases, the worker may be reinstated, promoted or placed in a new position as a result of legal action.

Sometimes, an employer may try to retaliate against an employee who filed a discrimination claim. The employer may try to fire the employee, or deny further advancement, or generally harass the employee. This behavior is also against the law.

If you have suffered discrimination at the workplace, document as much as you can. Then contact us. Robert A. McLaughlin, APC will stand up for your rights and work to get you compensation and justice.

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"What are my rights if I experience sexual harassment at work?"

Sexual harassment can take different forms. One is quid pro quo harassment. This is when a supervisor or manager demands sexual favors as a condition of employment. The other is creating a hostile work environment. This is when an employer allows an offensive, oppressive or intimidating work environment based on sex to continue-for example, by allowing offensive jokes, comments, gestures, sexting or other actions.

Both types of sexual harassment are against the law. If you've been a victim of sexual harassment in the workplace, we can help you take action to put a stop to it.

Most companies have a sexual harassment policy in place to ensure compliance with the law. Follow the steps for reporting harassment, if possible. Keep copies of any reports and keep notes about what happened. Include the names of everyone involved, the time and the date. Identify any witnesses.

Robert A. McLaughlin, APC will gather all the facts of your case and will advise you on the best course of action to put an immediate stop to the harassment. If the harassment does not stop, you may be able to seek financial compensation.

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"Does your firm handle cases involving wage and hour claims?"

Yes. All employers must follow federal, state and local laws concerning wages and hours worked. But some still look for ways to cheat employees out of the money they are owed.

A common type of violation concerns payment for overtime. The law is clear on overtime pay. Any "non-exempt" employee who works more than 40 hours in a week-or more than 8 hours in a day-must be paid at a rate of 1½ times the hourly rate for those extra hours. Still, there are some employers who don't pay the overtime rate. The law provides penalties for employers who don't pay the overtime rate.

Employers may also try to circumvent the law by misclassifying employees as "exempt" employees or "independent contractors." There are specific requirements that must be met for jobs to be classified that way. We can conduct a thorough review to determine if an employer is using these classifications correctly.

If you've been denied the wages you are owed, contact us. We will use the legal system to seek full compensation for the hours you worked, as well as attorney's fees and any punitive damages that may apply.

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