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Frequently Asked Questions About Employment Law
At Romero Law, APC, we treat each case with our full attention because we recognize that every person and every situation is unique. But, over the years, we have heard certain questions again and again. For your convenience, we have compiled some of these questions, and their answers, below.
How much will it cost?
At Romero Law, APC, we do all work on a contingency basis. That means that you don’t have to pay us anything unless we win on your behalf. If and when we win, we will take a percentage of the compensation you receive in the verdict or settlement.
Am I going to be fired for reporting my employer’s illegal behavior?
No. Whether you are objecting to illegal behavior directed at you specifically (such as discrimination or harassment) or blowing the whistle on other criminal behavior, you are legally entitled to job protection and freedom from retaliation from your employer.
That said, some employers certainly will attempt to retaliate against you, but this action is illegal. That’s why it’s important to approach employment law matters with the guidance of an experienced attorney who can help you anticipate and prepare for such actions and help you protect your rights.
What is the Fair Employment and Housing Act (FEHA)?
The California Fair Employment and Housing Act (FEHA) is the primary law in California that regulates employee protections from discrimination, harassment, and retaliation by their employers. The anti-discrimination components of the law apply to all employers who employ five or more full- or part-time employees. The anti-harassment components of the law apply to employers with one or more employees.
What is a wage and hour violation?
Some of the most common wage and hour violations include:
- Failure to pay overtime
- Travel time violations
- Deductions from wages
- Earned sick time violations
- Failure to pay employees at termination
- Failure to pay earned commissions
- Illegal tip pooling policies
- Classifying full-time employees as contractors
How long will this take?
Every case is unique, but it is common for employment law cases to take about 12-18 months to reach a final resolution. We understand that this can feel like a very long time, which is why we do everything we can to keep the legal process moving forward and reach the end as quickly as possible.
What’s the process for a lawsuit?
The very first step is to determine whether your case is sufficiently strong to merit filing a lawsuit. That is a question that can usually be answered in your first meeting with your attorney, and together you can decide how to proceed.
Once you and your attorney have decided to move forward with a lawsuit, your attorney files a “complaint” with the court, and this document will be delivered to the defendant (your employer). The defendant is then required to file an “answer” to the complaint within a certain amount of time. The defendant may respond by filing counterclaims against the plaintiff (you), and both parties may make clarifications or corrections.
The next phase of the legal process is called “discovery,” in which lawyers for each party conduct research and prepare their cases. This period is often the longest in the whole endeavor, lasting weeks or months. Once discovery is complete, the case will go to trial. Ultimately the judge or jury will reach a verdict. If either of party desires, they can challenge the verdict by filing an appeal and trying the case again in a higher court.
At any point during the litigation process, the parties can avoid a trial by negotiating a mutually acceptable settlement agreement out of court.
Have More Questions? Get Answers During A Free Consultation.
To learn more about our services, the first step is to schedule a free initial consultation. We work on a contingency fee basis, so you don’t pay anything until and less we win your case.
Our bilingual law firm offers services in both English and Spanish. Se habla español.