If you are facing problems at work, you are not alone, and you have options. Many employees in Newport Beach experience discrimination, harassment, retaliation, or wage theft. These situations are stressful and can affect your income, health, and sense of dignity. California law offers strong protections against mistreatment, but those protections only matter if they are enforced.

Attorney John Dalton has nearly 30 years of experience and is an award-winning Newport Beach employment lawyer. At the Law Office of John Dalton, we help California employees stand up to unlawful workplace conduct. Our role is simple: To guide you, protect you, and fight for the outcome you deserve. Contact our firm today to protect your rights and interests.

Understanding Your Employment Rights in California

newport beach employment lawyer

California is a state that boasts strong rights for employees. Under state law, employers can be held accountable for several forms of workplace misconduct, including:

  • Discrimination,
  • Harassment,
  • Retaliation, and 
  • Wage theft.

If your employer breaks the law, you may have the right to recover damages and other legal remedies. The process of obtaining these remedies can be difficult. However, at the Law Office of John Dalton, it’s our mission to help you stand up for your rights, simplify a complex legal process, and guide you to the relief you deserve.

Employment Discrimination

Employment discrimination happens when an employer treats you unfairly in your job because of a legally protected characteristic. This kind of discrimination is illegal under the California Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act of 1964 (Title VII). Importantly, California law even provides broader protections than federal law. 

Under FEHA, employers cannot discriminate based on characteristics such as: 

  • Race, 
  • Color, 
  • Religion, 
  • Sex, 
  • Gender (including gender identity), 
  • Sexual orientation, 
  • Age (40 and older), 
  • Disability, 
  • Medical condition, 
  • Marital status, 
  • National origin, 
  • Ancestry, and 
  • Military or veteran status.

Discrimination can appear in many forms. It can happen if you’re fired, demoted, paid less, denied promotions, or excluded from opportunities because of a protected characteristic. It can also involve subtle conduct that creates hostile working conditions.

Responding to Workplace Discrimination 

If you believe you have been discriminated against, you have the right to take action under California or federal law. However, before doing anything, you should speak to the Law Office of John Dalton about how to handle your complaint.

Legal complaints in discrimination cases are complex and can carry significant stakes, so attorney assistance is often crucial from the outset. Speaking to John Dalton, an experienced employment lawyer in Newport Beach, can help you determine the best path forward and protect your interests.

In many cases, California employees with state claims must first file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). This step is required before filing a lawsuit under state law. If appropriate for your case, attorney John Dalton can help navigate this process and assist in seeking the right-to-sue notice that authorizes you to take your case to court. 

Workplace Harassment

Workplace harassment is different from general workplace conflict. It involves unwelcome conduct based on any characteristic protected by FEHA or Title VII. There are two legally recognized forms of harassment: 

  • Hostile work environment harassment. This type of harassment involves unwelcome conduct that is pervasive or severe and unreasonably interferes with your work or creates an offensive, intimidating, or hostile working environment. 
  • Quid pro quo harassment. This type of harassment involves an individual requiring you to submit to or accept their unwelcome conduct in exchange for continued employment or work benefits.

Harassment can be verbal, physical, or visual. And it may come from supervisors, coworkers, customers, clients, vendors and/or contractors. California law places a strong duty on employers to prevent and correct harassment.

Taking Action Against Workplace Harassment

Workplace harassment claims require careful handling. Before taking any internal action, it is critical to speak with an employment attorney in Newport Beach. The Law Office of John Dalton can help you understand how to document the conduct properly and protect yourself from retaliation. 

Employees also have the right to pursue claims through California agencies or the court system. John Dalton can explain which path is appropriate for your situation and help you avoid costly mistakes. 

Employment Retaliation

Retaliation occurs when an employer punishes you for asserting your legal rights. California law strictly prohibits retaliation, and this protection applies even if your original complaint turns out to be unproven, as long as it was made in good faith.

Examples of activity protected against retaliation include: 

  • Reporting discrimination or harassment, 
  • Requesting medical or disability accommodations, 
  • Taking protected leave, 
  • Reporting unlawful workplace activity,
  • Reporting or claiming unpaid wages;
  • Filing a wage claim;
  • Reporting illegal activity or what you believe is illegal activity; and 
  • Participating in a workplace misconduct investigation.

Retaliation may involve termination, reduced hours, threatening an immigration report, demotion, discipline, or other negative changes to your job.

Dealing with Workplace Retaliation 

If you’ve faced backlash after reporting workplace wrongdoing or engaging in another protected activity, it’s essential to reach out to an experienced employment rights lawyer in Newport Beach at the Law Office of John Dalton. Like in discrimination cases, employees facing illegal retaliation have the option of filing a formal claim. Our skilled attorney can help you preserve evidence of wrongdoing and identify the best path to take to seek accountability.

Potential Remedies for Discrimination or Retaliation

California law allows employees to seek meaningful remedies after suffering mistreatment at work. These may include:

  • Compensation for emotional distress,
  • Lost wages,
  • Lost future wages, 
  • Policy changes in the workplace,
  • Additional training,
  • Attorney fees, and 
  • Punitive damages, where permitted by law, in cases of malicious misconduct. 

The goal of these remedies is not only to compensate you but to hold employers accountable and prevent future misconduct.

Wage Theft and Hour Violations

Like its anti-discrimination laws, California has very strong wage and hour laws. Yet wage theft remains common. Wage theft can include:

  • Unpaid wages,
  • Unpaid overtime, 
  • Missed meal or rest breaks, 
  • Minimum wage violations,
  • Misclassification as an independent contractor, and 
  • Failure to pay final wages on time.

The types of breaks to which you are entitled, or your right to minimum wage or overtime pay, depend on the nature of your work and circumstances. Our Newport Beach employment lawyer can investigate and fully account for any compensation or break time unlawfully withheld and work for you to be justly compensated.

Challenging Wage and Hour Violations 

Employees can file wage claims with the Labor Commissioner’s Office or pursue claims in court. Some cases involve individual claims, while others involve group or class actions.

Remedies for wage violations may include unpaid wages and penalties. We can help you gather the strongest evidence to prove your right to payment and other relief.

How Our Newport Beach Employment Law Attorney Can Help

Employment law cases are complex. Employers often have legal teams and resources designed to protect their interests. You deserve the same level of advocacy. At the Law Office of John Dalton, we focus on representing employees. We listen carefully to your story. We explain your rights in clear terms. And we develop a strategy based on the applicable laws, not empty promises.

We can help you:

  • Handle internal workplace complaint processes,
  • Gather the best evidence,
  • File administrative complaints and lawsuits ahead of deadlines,
  • Negotiate settlements,
  • Argue for your position in hearings and trials, and 
  • Maximize your damages.

Our goal is to remove uncertainty and give you a clear and effective plan forward.

Talk to Us Today

If you have experienced mistreatment in a California workplace, you deserve effective advocacy. The Law Office of John Dalton has recovered over $100,000,000 for clients, and we want to protect you. We know how much is at stake for you and your family. Please call or contact us online today to schedule a consultation.

Legal References Used to Inform This Page:

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

  • Discrimination Prohibited: Unlawful Practices, Generally, Cal. Gov. Code § 12940, link.
  • California Civil Rights Department, “Complaint Process,” link.
  • U.S. Equal Employment Opportunity Commission, “Filing a Charge of Discrimination,” link.
  • California Civil Rights Department, “Sexual Harassment Fact Sheet” (September 2022), link.
  • California Department of Industrial Relations, “Laws that Prohibit Retaliation and Discrimination” (June 2024), link.
  • California Civil Rights Department, “Available Remedies for Employment Discrimination,” link.
  • Working Hours: General, Cal. Lab. Code § 512, link.
  • Working Hours: General, Cal. Lab. Code § 510, link.
  • Payment of Wages: General Occupations, Cal. Lab. Code § 201 (2019), link.
  • California Department of Industrial Relations, “How to File a Wage Claim,” link.