Barrera & Associates El Segundo Employment Attorney | Business Litigation Lawyer Los Angeles 2026-08-28T17:35:32Z https://www.baattorneys.com/feed/atom/ WordPress /wp-content/uploads/sites/1403601/2022/09/cropped-site-identity-32x32.png On Behalf of Barrera & Associates, Attorneys <![CDATA[Can an employer fire someone for being LGBTQ+?]]> https://www.baattorneys.com/?p=49817 2026-08-23T19:55:50Z 2026-08-23T19:55:50Z Understanding LGBTQ+ workplace protections Title VII of the Civil Rights Act of 1964 prohibits discrimination because of sex. In 2020, the U.S. Supreme Court held in Bostock v. Clayton County that this protection includes discrimination based on sexual orientation and transgender status. As a result, a covered employer generally cannot fire an employee because the employee is LGBTQ+. However, federal law does not prevent employers from terminating LGBTQ+ employees for legitimate, nondiscriminatory reasons. For example, an employer may discipline or fire an employee for poor performance or violating workplace rules, as long as the decision is not based on a protected characteristic. The circumstances surrounding the termination can therefore be important when determining whether discrimination may have occurred. Evidence can help show whether LGBTQ+ status influenced an employment decision. Comments about an employee’s sexual orientation or gender identity, a sudden change in treatment after coming out or different treatment compared with straight employees may raise questions about the employer’s actual reason for the termination. An employee who reports discrimination has protection from retaliation under federal law. If you believe your employment was affected by discrimination, it can be helpful to discuss the circumstances with an experienced legal professional. Reviewing the termination, workplace communication and other relevant evidence can help determine what options may be available.]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[3 ways your employer might be underpaying you]]> https://www.baattorneys.com/?p=49815 2026-08-17T03:46:03Z 2026-08-17T03:46:03Z The vast majority of employers pay their employees a fair wage – but some cheat. They find ways to shave a few dollars (or more) off their employees’ paychecks wherever they can. Worse, many of these employees are totally unaware that it is happening to them, so the employer gets away with it. Knowing how an employer may try to underpay you is half the battle. Here are three ways that it can happen:

1. Misclassification

Employers sometimes classify a person as an independent contractor when they should classify them as an employee. Sometimes it is done by mistake, but sometimes it is done intentionally.  Employees are entitled to considerable benefits, such as overtime and sick leave, that independent contractors are not – and those benefits are part of their wages. Even though the worker may think they are getting paid correctly, they’re really losing out.

2. Paying less than minimum wage

California has a relatively high minimum hourly wage, but not all workers receive that minimum, despite the law. Employers sometimes tell employees that they fall under an exception (when they don’t), or deny them the minimum base wage because they are tipped. Employees may accept the treatment only because they don’t know better or because they’re simply desperate for work and afraid to complain.

3. Creative timekeeping strategies

California has strict laws about what counts as work and what breaks must be given. Employers sometimes put their own interpretation on things to reduce the hours and minutes on an employee’s time slip.  For example, an employer may tell an employee that “prep time” doesn’t count as work time or require them to work at their desk during unpaid lunches. Both are common examples of wage theft. If you suspect your employer has underpaid you, talking to an experienced attorney can help you decide what to do next.]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[Can poor performance be used as a cover for illegal termination?]]> https://www.baattorneys.com/?p=49813 2026-07-27T15:47:56Z 2026-07-27T15:47:56Z When poor performance is given as the reason for your dismissal, it's easy to assume the decision is beyond challenge. After all, employers generally have the right to terminate employees for legitimate performance-related reasons.  However, an employer cannot use poor performance as a cover for unlawful termination. If the real reason for your dismissal was a protected characteristic or because you exercised a legal right, the employer's explanation may not hold up.

Looking beyond the employer’s explanation

When questions arise about the true reason for a termination, courts often examine the broader circumstances surrounding the dismissal to determine whether the employer's stated performance issues were genuine or merely a pretext for illegal termination. Factors such as your performance history, prior evaluations, disciplinary records, internal communications and the timing of significant workplace events can all help determine whether the employer's stated reason was genuine. For example, if negative reviews or disciplinary action appeared only after you reported harassment, requested a reasonable accommodation, took protected leave or engaged in another legally protected activity, those facts may point to a different reason for the termination. Courts may also look at how the employer handled other employees with comparable performance records or workplace conduct. If other employees with similar performance issues were given opportunities to improve while you were fired, that difference in treatment may cast doubt on the employer's explanation.

Protecting your rights after a suspicious termination

If something about your termination does not add up, trust your instincts. Preserve copies of performance reviews, emails, disciplinary notices and any communications related to your dismissal while they are still accessible. Most importantly, seek urgent professional guidance to understand your legal rights and options so you can make informed decisions about your next steps.]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[What should you know about severance agreements?]]> https://www.baattorneys.com/?p=49811 2026-07-21T23:44:42Z 2026-07-21T23:44:42Z Severance agreements typically depend on an employer’s policies, and the employment contract or a union agreement at issue. Understanding the responsibilities of both parties is critical if you’re presented with one.

What might be included in a severance agreement?

A severance agreement may include continued benefits, pay and other support, but they often feature significant restrictions as well. The terms of the payments and benefits should be clearly written and include information like when payments will be made and if taxes will be withheld. It’s a good idea to compare the pay terms with your current pay, and the benefits listed should be compared to what you’re already receiving. These agreements may also include terms that could dictate your future actions to some degree. Many severance agreements include nondisparagement terms, confidentiality clauses and restrictions connected to future employment. While such concerns may seem simple, they can have a significant impact on you when you look for new employment. In many cases, severance agreements have limits on how long you have to review terms. It might also include a revocation period. These deadlines are important to remember since they can affect your ability to accept or decline an offer. Severance agreements can have a significant impact on your future. Reading this kind of document thoroughly to ensure you understand the terms is critical. Because these agreements can be complex, it’s beneficial to have a legal professional review the document to ensure you aren’t missing any important terms that could have a negative effect on your future.]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[Replaced by a younger worker? It may be age discrimination]]> https://www.baattorneys.com/?p=49809 2026-07-21T04:17:09Z 2026-07-21T04:17:09Z It is not always about performance Many employers frame these decisions as restructuring, performance concerns or budget cuts. However, a 2025 nationally representative study by AARP found persistently high rates of age discrimination among workers 50 and older, with the majority reporting that it is common in the workplace. What often drives these decisions is cost. When an employer sees a long-tenured employee as expensive and a younger candidate as a bargain, the motivation behind a termination may have less to do with performance than it appears.

California law protects workers over 40

California's Fair Employment and Housing Act protects workers 40 and older from losing their jobs because of their age. The law applies to most California employers, even those with as few as five employees. To bring a claim, you do not need to prove that age was the only reason for the decision; it just needs to have played a meaningful role. Employers cannot fire older workers simply to replace them with younger, less expensive labor.

Signs that your replacement was about age, not business

You do not need direct evidence to bring an age discrimination claim. Being replaced by a significantly younger worker is itself a key factor courts consider when evaluating whether discrimination occurred. Other signs that age may have played a role include:
  • Comments about your age, retirement or how long you plan to keep working.
  • Being passed over for training, promotions or assignments given to younger colleagues.
  • Being targeted in a layoff where most of the people let go were over 40.
  • Receiving a sudden negative performance review after years of positive evaluations.
The pattern matters as much as any single incident, and courts look at the full picture of what happened before and after the termination.

What you can do if you suspect age discrimination

Start by documenting what you can, such as performance reviews, communications with your manager, and anything said about your role or your replacement. California requires you to file a complaint with the Civil Rights Department before pursuing a lawsuit, and strict deadlines apply. An experienced employment attorney can help you assess whether what happened crosses the legal line and what steps to take before time runs out.]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[In California, you may deserve more than time-and-a-half]]> https://www.baattorneys.com/?p=49807 2026-07-01T13:05:15Z 2026-07-01T13:05:15Z Wage and hour disputes sometimes revolve around overtime not being paid correctly. An employee may claim that they put in a few hours of overtime, but then they were just paid their standard wage, for example. They believed they were going to make time-and-a-half, which is the whole reason they agreed to work overtime in the first place.  It is true that California employees often deserve time-and-a-half, such as when someone works more than eight hours in a single day. The same is true if they work more than 40 hours in a week. But California law does not require them to wait until the end of the week. Even if they only worked 10 hours during the week, if all of those hours were on the same day, they would have logged two hours of overtime. One important thing to remember is that California goes a step beyond other states and can sometimes require double-time pay.

Exceeding 12 hours

The most common example of this is if someone works more than 12 hours in a single day. Once they have exceeded eight hours, they should be paid time-and-a-half. But once they exceed 12 hours, they get double their base pay rate. For example, someone who worked 16 hours would deserve their base pay for the first eight hours, time-and-a-half for hours nine through 12, and then double-time for hours 13 through 16. Additionally, if someone works seven consecutive days during the same workweek, then they should be paid double-time for everything over eight hours on the final day. If they worked nine hours and were only paid time-and-a-half, it would still be too low because it was their seventh day in a row. As an employee, it is very important to understand when overtime pay applies and what steps to take if you have not been paid correctly.  ]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[What should employees know about retaliation?]]> https://www.baattorneys.com/?p=49718 2026-06-23T16:29:16Z 2026-06-23T16:29:16Z Employees have specific protections under federal and state labor laws. One of these is that their employer can’t retaliate against them if they engage in a protected activity. This ensures that employees can participate in those activities freely.  Understanding what constitutes a protected activity and what’s considered retaliation may be beneficial to employees. 

What are protected activities?

Protected activities vary greatly. Many are centered around employees being able to report situations, such as discrimination, harassment, safety violations and illegal activities. It also includes other activities, such as taking leave under the Family and Medical Leave Act or filing for workers’ compensation benefits after a work-related injury or illness. 

What counts as retaliation?

Employment retaliation is any negative employment action that’s taken against an employee because they engaged in a protected activity. This can be obvious actions like termination, unwarranted negative performance review or a reduction in pay. It can also be more subtle, such as failing to inform the employee of required meetings or making the workplace uncomfortable for them.  Employees who engage in a protected activity can still face disciplinary measures for violating lawful company rules. The discipline has to be what any employee would receive if they did the same activity.  Any employee who believes they were the victim of retaliation should ensure they learn about their legal rights. These cases can become complex, so it might be beneficial to work with someone who’s familiar with these matters. It’s critical to take swift action because time limits apply to these cases.   ]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[If you quit, do you have to give two weeks’ notice?]]> https://www.baattorneys.com/?p=49683 2026-06-09T15:13:34Z 2026-06-09T15:13:34Z Whether or not you have to give two weeks' notice when you quit your job depends on the type of employment agreement you accepted when you took that job. Most workers are at-will employees. This just means that there is an agreement between them and their employer. The employer has agreed to give them a job, and they have agreed to take it for as long as both sides want that to be the case. But because there is no formal contract in place, either side can end the relationship at any time. This means that the employer could terminate the employee's position without warning. But it also means that the employee is completely free to quit, also without warning. There is no law requiring them to give two weeks' notice. Even if their employer would prefer it, most employees are not obligated to do so.

The use of employment contracts

This obligation can often change with the use of an employment contract. It can spell out specific terms, including the fact that the employee has to give notice before they quit. That notice could be two weeks or another duration. If an employee has signed a contract, they must understand the terms and their obligations. If they violate it, such as by quitting without warning, they could be legally responsible for breaching that contract. There still is not a law requiring two weeks' notice, but they are bound by the contractual obligation. Issues like this can sometimes lead to disputes, and it is important for all involved parties to understand local employment laws and their legal options.  ]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[How can you report workplace disability discrimination?]]> https://www.baattorneys.com/?p=49681 2026-06-02T07:16:50Z 2026-06-02T07:16:50Z What counts as disability discrimination? Before you file a report, it helps to know what disability discrimination is. California law protects workers from unfair treatment because of a disability. This includes being denied accommodations, facing harassment, not receiving a promotion or being fired due to your disability. With regards to discrimination, employers with five or more employees must generally comply with the California Fair Employment and Housing Act (FEHA). This law requires them to provide reasonable accommodations and prohibits discrimination based on disability. Recognizing these protections could help you identify when your employer violates your rights under FEHA.

How do you file a complaint with the Civil Rights Department?

The California Civil Rights Department (CRD) handles discrimination complaints. You can file online, by mail or in person. The process often begins with a pre-complaint form. This helps the agency decide if it can take your case. You usually have three years from the date of the incident to file a CRD complaint. This is longer than the federal deadline, so you have more time to prepare. After you submit your complaint, the department will investigate and may attempt to resolve the issue through mediation or other methods.

Should you consider federal options?

You might also file a complaint with the federal Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal anti-discrimination laws and accepts complaints from employees who work for companies with 15 or more employees. You have 300 days from the discriminatory act to file with the EEOC if you live in a state with its own anti-discrimination agency. You do not need to file two complaints. If you file with the CRD or EEOC, you can ask for “dual filing.” This counts for both state and federal protection.

What should you do before filing?

Write down everything about the discrimination. Save emails, performance reviews, medical records and notes from conversations with supervisors or human resources. This helps support your complaint. It might also help to check your employee handbook. Some companies have internal complaint steps that may help resolve the issue.

Your actions can prevent workplace discrimination

If you experience disability discrimination at work, you do not have to ignore it or handle it alone. By learning about your rights, keeping thorough records and reporting unlawful conduct through the appropriate channels, you can take meaningful steps to protect your interests. Taking action may also help create a more inclusive and equitable workplace for others.]]> On Behalf of Barrera & Associates, Attorneys <![CDATA[When a termination follows a CFRA leave request]]> https://www.baattorneys.com/?p=49679 2026-05-25T18:06:43Z 2026-05-25T18:06:43Z unpaid leave in qualifying circumstances. The law allows those adding children to their families, experiencing medical challenges or supporting family members through medical issues to protect their employment. The CFRA and FMLA both include provisions prohibiting retaliation. Workers fired after requesting leave, while on leave or after returning to work may have experienced a wrongful termination.

Retaliatory firings are illegal

California employers can technically terminate workers for any lawful reason, but they cannot fire workers for engaging in protected workplace activities. Reporting misconduct, asking for medical accommodations or taking leave are not behaviors that should trigger any sort of employer punishment. Workers who qualify for leave under the CFRA should not lose their jobs or even face demotions for taking an extended absence to handle personal or family matters. The timing of the termination raises immediate questions about whether the leave request prompted the firing. Especially in scenarios where the employee had previously enjoyed positive performance reviews and avoided disciplinary issues, their sudden termination might not be legal. The employer might offer an explanation for the firing, but the explanation might effectively be a pretext intended to hide the true reasoning behind the company's decision. Discussing a recent leave request and subsequent termination with an employment law attorney can help workers to fully understand their rights. Employees fired for unlawful reasons may potentially have grounds to take legal action seeking reinstatement or compensation for the impact of the firing at issue.]]>