Top Rated Bakersfield Employment Attorneys
Bakersfield Employment Lawyer
Find out why we are one of the best employment law attorneys in Bakersfield, CA
Labor & Employment Law Attorney
Protecting your rights in the workplace.
Have you been fired from your job due to retaliation or discrimination?
If so, you may have legal rights and options to seek justice and compensation for wrongful termination.
It’s important to speak with an experienced employment lawyer who can help protect your rights and guide you through the process.
For 30+ years, Goldberg & Loren have represented employees in disputes with their employers.
When you need one of the best Bakersfield employment lawyers, you choose Goldberg & Loren.
We’re here to stand up for employees, and we work on a contingency basis—so you don’t pay us unless we win money for you. When you call, you’ll get a free, confidential consultation with one of our caring and experienced Kern County employment lawyers.
Together, we will ensure that you are getting the rightful treatment at work.
We are here 24/7, so call (661) 669-8224 and book a free consultation with our Bakersfield employment attorneys.
Goldberg & Loren Fights for Maximum Compensation
Pay Nothing, Unless We Win
Key Employment Laws in California
Employment laws outline the basic rights you have as a Bakersfield worker, such as wages, entitled meal breaks, and medical leaves. In addition to these protections, you are also protected from discrimination, harassment, or retaliation at work.
The most important employment laws in California are as follows:
Age Discrimination in Employment Act (ADEA): As the name of this regulation suggests, this law protects employees from age-based discrimination. This is not to be confused with the ADA (Americans with Disabilities Act), which protects employees from discrimination due to their disabilities. 29 U.S.C. § 621 et seq.
Fair Labor Standards Act (FLSA): This law is considered the primary regulation that ensures the protection of all labor rights. Under this law, workers are protected in federal, state, and local governments, as well as in the private sector. The FLSA law regulates factors like minimum wage, overtime pay, meal breaks, rest breaks, and entitled leaves. 29 U.S.C. §§ 201–219
Family and Medical Leave Act (FMLA): This law is made to ensure every worker gets their rightful leave in case of family or medical issues. Under this law, they can take unpaid and job-protected leaves without fear of losing their job or retaliation from their employer. 29 U.S.C. §§ 2601–2654
Wage and Hour Laws: Under local and federal law, employers are obliged to pay minimum wage. These depend on each profession; the basics are outlined in both the California and Federal codes for wages and hours. FLSA/California Labor Code & Wage Orders.
Whistleblower and Retaliation Laws: If an employee complains about wrongful practices or an unsafe environment, then their employer cannot retaliate against them. The employee’s rights are protected by both OSHA (Occupational Safety and Health Administration) and California state laws. 29 U.S.C. § 660(c)/California Lab. Code §§ 1102.5, 232.5
Workplace Discrimination: Discrimination based on race, color, religion, sex, or ethnic origin is strictly prohibited under federal and state laws. This sort of discrimination by the employer can be met with severe penalties. 42 U.S.C. §§ 2000e et seq.
What is Workplace Discrimination?
Workplace discrimination happens when someone faces unfair treatment at work simply because of who they are, rather than for what they do.
It’s not always as obvious as offensive jokes or slurs; sometimes, it can be as subtle as being continually overlooked for promotions or denied an opportunity that others in similar roles receive, just because of age, gender, race, religion, disability, or another protected trait.
No one should have to endure an environment where they feel less valued or unwelcome because of personal characteristics unrelated to their job performance.
Discrimination can show up in countless ways: not getting hired despite being qualified, facing inappropriate comments, missing out on deserved pay raises or benefits, or being excluded from meetings or projects.
Legally, these patterns, whether intentional or not, are serious, because the law protects employees from being singled out or penalized for things like their sex, ethnicity, beliefs, physical or mental health, or even who they associate with.
In every workplace, everyone should have equal access to opportunities and fair treatment, regardless of background or identity.
What is Workplace Harassment?
Workplace harassment, simply put, is any unwelcome behavior at work that crosses the line from mere rudeness or friction into treatment that makes someone feel threatened, humiliated, or unsafe on the job.
From a legal perspective, this goes far beyond the occasional offhand remark. Harassment often targets protected traits like race, sex, age, religion, disability, or other fundamental aspects of identity, and can take the form of name-calling, offensive jokes or pictures, intimidation, unwanted physical contact, or even repeated, subtle acts that collectively poison the workplace atmosphere.
What gives workplace harassment its legal weight is not just that the conduct is unwelcome, but that it’s so severe or persistent it changes the conditions of employment, creating a hostile or abusive environment, or making staff feel they must tolerate mistreatment just to keep their jobs.
This can include anything from a supervisor demanding favors in exchange for advancement, to coworkers excluding or undermining someone because of who they are.
It’s not about isolated disagreements or normal managerial decisions; the law protects against treatment so egregious, no reasonable person should have to endure it.
Types of Employment Law Cases We Handle
Employment disputes can arise from various types of violations by the employers. In most cases, such disputes arise due to omitted meal breaks, unpaid wages, or failure to meet minimum wage. In more severe cases, these arise due to discrimination, harassment, or wrongful termination.
That being said, the most common types of employment claims we handle include the following:
- Disability Discrimination Disputes
- Employment Retaliation Lawsuits
- Employment Discrimination Claims
- Executive Employment Cases
- FMLA Violations
- Hour or Minimum Wage Cases
- Misclassification
- Pregnancy Discrimination
- Race & National Origin
- Discrimination Cases
- Refusal to Correct Payment
- Mistakes
- Retaliation
- Sexual Harassment/Quid Pro Quo Cases
- Unpaid Wage Disputes
- Unpaid Overtime
- Whistleblower
- Workplace Injury
- Workplace Retaliation
- Workplace Bullying
- Wrongful Termination
If you have experienced a wrongful termination, harassment, lost wages, or another work-related injustice, you have the right to take legal action. If you are unsure of what to do next, consult our Bakersfield employment lawyers today. We will help you document your case, and take the next steps together.
Common Violations of Employment Laws by Employers
Various types of violations of the labor code can result in employees taking legal action. Exploring these violations can give you an idea of whether or not you have a valid case. These cases can vary, from termination to retaliation.
That being said, the most common types of employment law violations by employers include the following:
Discrimination: Treating you unfairly based on race, gender, age, religion, disability, or ethnic background.
Employee Misclassification: Incorrectly labeling you as an independent contractor instead of a full-time employee, denying you the key benefits.
Harassment or Bullying: Subjecting you to unwelcome conduct or abusive behavior. This also applies in constructive dismissal cases, where employers make the workplace hostile to force an employee to quit.
Leave or Accommodation Violation: Denying your legally entitled leaves or failing to provide reasonable accommodations.
Meal Break Omission: Not ensuring that your 30-minute mandatory meal breaks are given on time and uninterrupted.
Rest Break Omission: Not allowing your mandatory short rest breaks of 10 minutes every 4 hours.
Retaliation: Punishing you for asserting your rights, such as filing complaints against their violations or reporting workplace hazards.
Wrongful Termination: Wrongfully firing you due to retaliation or cutting costs. These also apply to discrimination cases, where someone is fired due to their race, religion, gender, etc.
Workplace Hazards: Not ensuring safe premises for you, and exposing you to unsafe conditions that cause injury or illness.
Violation of Wage & Hour Rights: Not paying you the minimum wage, overtime, or an accurate wage according to labor laws.
If you are looking to take the next steps, our employment lawyers are here for you. We will fight your dispute for you and get you the compensation you deserve.
Table of Contents
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Labor & Employment Law Attorney
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Key Employment Laws in California
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What is Workplace Discrimination?
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What is Workplace Harassment?
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Types of Employment Law Cases We Handle
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Common Violations of Employment Laws By Employers
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Common Hostile Work Environment Claims in Bakersfield
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Were You Wrongfully Fired from Your Job in Bakersfield?
Common Hostile Work Environment Claims in Bakersfield
Employers sometimes retaliate or may cause problems for whistleblowers in many ways. Harassment and bullying cases do not arise only from retaliation cases. In many instances, employers create a toxic environment.
Strict legal action can be taken against your employer if this is happening to you.
Common factors that qualify your claim as a harassment case may include:
- Communication siloes
- Discriminatory behavior
- Exclusion from meetings or opportunities
- Favoritism or unequal treatment
- Fear or intimidation tactics by employers/supervisors
- Frequent complaints of harassment or discrimination
- High employee turnover rates
- Persistent negative feedback without constructive input
- Unfair policies or practices
- Verbal or non-verbal aggression
Were You Wrongfully Fired from Your Job in Bakersfield?
Wrongful termination may occur when an employee has reported their employer for discrimination, harassment, or workplace hazards. As a retaliation, the employers then wrongfully fire the employee, and they have no grounds to justify it.
If your performance at your job did not deteriorate, or if you did not break any laws, then the firing may qualify as a wrongful termination.
The three main types of wrongful terminations include the following:
Constructive Firing: This applies to cases where an employer forces the employee to quit. In these cases, employers deliberately make their work environment hostile so that the worker will quit. If they do, this can qualify as a constructive dismissal, rather than resignation.
Retaliatory Dismissal: This applies to cases where whistleblowers are fired for complaining about the employer’s unlawful behavior or violation of the law. In such instances, employers can fire their workers without any reason. This can lead to wrongful dismissal claims.
Unlawful Layoff: In cases where companies falsely conduct mass dismissals, it can lead to unlawful layoff claims. In other cases, this happens due to discriminatory reasons, such as firing a group of workers due to their race, religion, ethnicity, etc.
Statute of Limitations for Employment Disputes in California
The Statute of Limitations is the time limit to file a legal claim after a violation of your rights at work. In workplace disputes, varying stipulations may apply, depending on the contract type and violation. Usually, the clock begins ticking from the day of the violation.
That being said, the following are the key stipulations you should remember:
If Contract is Written: If you have a written contract with your employer, and they violated your rights, then you will have four years from the date of breach of contract to file a claim. CCP § 337
If Contract is Not Written: If a verbal contract is in place, then you can file a claim within two years from the day of the breach of a verbal contract. CCP § 339
Retaliation/Discrimination Claims: If you are facing retaliation or discrimination of any sort, then you are protected by the California Fair Employment and Housing Act. In such cases, you will have three years from the day of the workplace dispute to file a claim. FEHA/Cal. Gov. Code § 12900
Contact Our Bakersfield Employment Lawyers at Goldberg & Loren Today!
Facing discrimination at work, missed wages, meal or rest break omission, or harassment at work can make life difficult. You are not alone. Our local
Bakersfield employment attorneys are here for you.
Here is what we will do for you:
- Comprehensive review of your claim and existing evidence
- Complete an investigation of your claim to find further proof
- Defend your rights, regardless of the employment dispute you are facing
Pursue maximum compensation for your suffering - Thoroughly support you throughout the employment claim
We understand your challenges, and we will fight for you. Let us begin today and set up an online appointment.
Call (661) 669-8224 and book a free consultation with our Bakersfield employment lawyers.
Goldberg & Loren
1701 Westwind Dr, Bakersfield, CA 93301
(661) 669-8224
We are advocates for employess in the workplace in Bakersfield.
Have Questions About Your Case? Call Us Today: