Labor and employment law is one of the most misunderstood types of law. There are several common misconceptions about labor lawyers that can prevent a potential client from receiving the help they need with their employment case. Listed below are common misconceptions potential clients have about
California labor lawyers along with explanations as to why the statement is incorrect.
I cannot afford the upfront fee to hire a labor lawyer
This assumption is false because most labor lawyers work on a contingency basis. A contingency fee is when, instead of charging an upfront fee, a lawyer takes a portion of your winnings instead. When a client hires an attorney on a contingency fee basis, the client does not owe that attorney fees or costs if the case is unsuccessful.
I cannot recover significant compensation for an employment case
Many clients are surprised to find out the wide range of types of compensation they can recover if their employer has violated federal or state law. The types of compensation you may be able to recover include
lost wages, overtime pay and punitive damages as well as other damages that may be specific to your industry such as reimbursement of travel expenses or seminar costs.
Gender discrimination and sexual harassment claims can only be brought by women
Gender discrimination and sexual harassment claims can be brought by any person who has a valid claim that meets the legal requirements. Members of the transgendered or questioning community are often victims of gender discrimination and are equally protected against discrimination and harassment under both state and federal laws.
Because I am a salaried employee, an attorney cannot help me recover overtime pay
Salaried employees are eligible for overtime pay in some circumstances. The proper legal distinction is whether or not you are an exempt or non-exempt employee: the fact that you are on salary does not automatically determine your overtime eligibility.
I am an independent contractor and not an employee because I signed papers saying so
The legal distinction between an independent contractor and an employee can be complex and can be based on a number of factors. Some factors that impact your status as an independent contractor or employee are the industry in which you work, the amount of control you have over your work and whether you use your own tools or equipment. Signing papers at the time of hire does not determine your status; the distinction has been codified in state and federal law.
If you believe that you have a valid employment claim, an attorney can help you determine the nature of the claim, the compensation that you may be owed and give advice as to what steps you can take to protect yourself and your career.
Get help from skilled attorneys
Were you taken advantage of by your employer? You may have the right to pursue compensation for damages. The attorneys at The Haeggquist and Eck Firm have several years’ experience assisting employees throughout the state of California in employment law cases. We have helped recover over $200,000,000 and provides all of his services on contingency, so you do not have to pay fees or costs if you do not win. Call 949-724-9200 to get help from our skilled attorneys today and obtain a free case evaluation.