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Sanders
& Montalto, LLP provides legal advice and representation
to employees and employers throughout the State of California.
The firm has over 40 years combined experience, and the financial
resources to prosecute our clients' cases with the representation
they deserve. Our attorneys have successfully litigated many
notable cases in the area of employment law, including claims
involving discrimination, sexual harassment, wrongful discharge,
and wage violations.
The general rule regarding California employment law is that
most employees are "at will," which means that they
can be hired and/or fired at any time for good cause, bad cause,
or no cause at all. It also means that an employee can quit
at any time for any reason. There are, however, recognized exceptions
to the "at will" rule. |
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If an employee has
an oral or written contract of employment specifying that
he or she will not be fired without 'good cause'. If good
cause does not exist, an employee who is terminated may
have a claim for wrongful termination rooted in principles
of contract law.
If an employee has an 'implied contract' of employment.
An implied contract may exist when the circumstances of
employment (long duration of employment, good performance,
promotions, raises) are coupled with conduct and/or statements
of the employer (such assurances that their job will be
secure provided they continue doing a good job). If an
implied contract of employment exists, an employee who
is terminated may have a claim for wrongful termination
also rooted in common law principals of contract law.
If an employee is terminated because of age, sex, race,
religion, national origin, marital status, disability,
or other recognized public policy considerations such
as termination in retaliation of whistle blowers, employees
performing jury service, etc. a valid claim for wrongful
termination will exist. |
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Under
California employment law, even if an employee has not been
terminated, they may have a claim for "constructive termination"
against the employer if the employee has been subjected to sexual
harassment or discrimination. Available damages in many employment
matters may include reinstatement, recovery of past and future
wages, emotional distress damages, attorney’s fees, and
punitive damages.
We are committed to making sure we do everything possible to
achieve the maximum results in each client's case, and in keeping
the client informed along the way. The firm generally provides
representation to employees on a contingency fee percentage
basis, and if there is no recovery, there are no fees or costs.
(Some law firms advertise "no recovery, no fees" but
later charge you to recover their costs.) All attorney consultations
and case evaluations are free of charge. |
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