Employment Law

The employment law attorneys at Tomassian, Pimentel & Shapazian understand the problems that arise in workplace discrimination and harassment, and work to remedy those wrongs and other employment law issues for clients in Fresno and throughout the surrounding counties.

Discrimination

State and federal laws protect individuals from discrimination in employment based on race, color, national origin (ethnicity), sex (gender), pregnancy, religion, age, and disability.  These laws protect workers at all stages of the employment process, including applications, interviews, and hiring; assignments, transfers, and promotions; and termination.  Any employment decision based on the above protected factors, or which has a disparate impact on members of the protected class, is illegal discrimination.

These laws are an exception to the general rule of "at will" employment in California.  Under this doctrine, an employee can be fired at any time, or can quit at any time, for a good reason, a bad reason, or for no reason at all.  The at-will employee has no rights to continued employment.  However, there are many exceptions to the at-will doctrine.  Public employees are not at-will employees and are entitled to a due process hearing before they can be terminated, usually based on a statutory cause.  As outlined above, an employee may not be terminated for an illegal reason, such as unlawful discrimination.  Another termination that would be in violation of public policy would be to fire someone in retaliation for reporting health, safety, or labor code violations (whistleblowing).

Sexual Harassment

Sexual harassment is a form of workplace discrimination that can involve conditioning employment on sexual favors.   For instance, promising a raise or threatening demotion in return for sexual demands is unlawful quid pro quo sexual harassment.  Another type of illegal harassment is creation of a hostile work environment, which occurs when unwelcome sexual conduct is so severe and pervasive that it creates an intimidating atmosphere that interferes with job performance.  Unwelcome sexual conduct could include touching, suggestive language, obscene gestures, graffiti, or pornographic pictures.  Sexual harassment does not have to come from a supervisor but could also be from peers.  Also, women may harass males, and members of the same sex may engage in sexual harassment of each other as well. 

At Tomassian, Pimentel & Shapazian, our experienced employment law attorneys can help you pursue your discrimination and harassment claims at the state level through the Department of Fair Employment and Housing (DFEH), or through the federal Equal Employment Opportunity Commission (EEOC).  These agencies may investigate and enforce a claim on your behalf, or provide you with a right to sue on your own behalf. 

Wage and Hour Violations

At the Federal level, the Fair Labor Standards Act provides a minimum wage that must be paid and a maximum of 40 hours that can be worked in any given workweek.  Hours worked over the maximum must be paid at an overtime rate of one and one-half times the regular rate of pay.  There are many exceptions and special rules within this general framework; for instance, public employees can receive compensatory time off in lieu of overtime, and certain executive, administrative, and professional employees are exempt from the overtime rules.

California has its own wage and hour laws that provide greater protections than the federal rules.  For example, California has a higher minimum wage and requires thirty-minute meal breaks in a five hour shift and optional ten minute rest periods every four hours.  Meal periods are unpaid, but rest breaks are paid.  An experienced employment law attorney can advise you on the host of specific requirements and regulations regarding these general rules.

Wage claims are often pursued at the administrative level through the Division of Labor Standards Enforcement (DLSE) and the Office of the Labor Commissioner.  Our attorneys can help you determine the value of your claim and advise you on the proper avenue through which to have it enforced.

Seek Experienced Representation

If you have are dealing with workplace discrimination, sexual harassment, or a wage and hour issue, the employment law attorneys at Tomassian, Pimentel & Shapazian have the expertise and experience to ensure that you receive everything to which you are entitled.  To discuss your employment law claim, contact Tomassian, Pimentel & Shapazian today.