At Miltner & Menck, we protect employee’s rights. If you were wrongfully terminated, suffered illegal discrimination, harassment or retaliation in the workplace, or are owed wages, overtime or commissions, we will fight to pursue justice and compensation for you.
In California, most workers are “at will” employees, meaning their employer can generally fire them with or without cause. However, the employer’s right to terminate its employees is not absolute.
There are many state and federal laws that protect employees who have been terminated for illegal reasons, such as the following:
- Complaining about sexual harassment;
- Reporting unlawful or illegal conduct by your company (“whistleblower” protection);
- Requesting to be paid for all hours worked, legally-guaranteed overtime or minimum wage, or requesting legally-required rest or meal breaks;
- Refusing to perform an illegal act; or
- Performing a legal duty, such as jury duty or voting.
If you think you have been terminated illegally, contact Miltner & Menck to discuss your case with an experienced attorney that can review your situation and advise you of your options.
If you have an employment contract with your employer, then typically, you can only be fired by violating conditions set forth in the employment contract.
The attorneys at Miltner & Menck handle all types of disputes involving employment contracts, including:
- Severance agreement violations
- Wrongful termination
- Bad faith claims
- Termination for good cause
- Lost wages and benefits
- Potential future wages
- Breach of a non-compete agreement
- Breach of trade secret provisions
Miltner & Menck’s experience with both employment contract and business contract disputes on both sides of the issue give us valuable insight into how contracts should be drafted and how to attack or defend the provisions included therein. We understand that time and money are critical for an employee that has been terminated due to an alleged breach of an employment agreement and will work tirelessly to get you the compensation you deserve. If you believe your employer has violated the terms of your employment agreement, contact Miltner & Menck to discuss your situation in a confidential consultation.
As for wages and commissions, California law strictly requires timely payment to employees of all due wages and sales commissions. Employers must also pay overtime to hourly wage employees who work over 8 hours per day or 40 hours per week. Some employers misclassify workers as “exempt” employees or independent contractors to avoid paying overtime. If you have not been timely paid your wages or commissions, or if you believe your employer has misclassified you as an “exempt” employee or independent contractor, then contact an attorney at Miltner & Menck to determine what you are owed and help you recover your unpaid wages, overtime, or commissions.
Additionally, employers are required to promptly investigate sexual harassment and take action to stop any harassment. An employer may never retaliate against an employee for complaining of harassment. Sexual harassment can take many forms, direct or indirect, and every situation is unique. If you think you have been harassed at work, then contact an attorney at Miltner & Menck to review your situation and advise you of your options.
The employment attorneys at Miltner & Menck represent clients throughout the San Diego area, including Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Marcos, Santee, Solana Beach, and Vista. We also provide top legal representation to businesses and individuals throughout California, including Los Angeles County, Orange County, Riverside County, San Bernardino County, Santa Barbara County, Ventura County, Imperial County, Sonoma County, Contra Costa County, San Francisco County, and Alameda County.