FAQ

Yes, the initial consultation with an attorney is completely confidential, regardless of whether the individual decides to retain the firm. This protection allows for an open and honest discussion of the sensitive details of the situation.

Minnis & Smallets LLP represents employees in a wide range of employment law matters, including unlawful termination, discrimination, sexual harassment and retaliation. Our firm also assists with issues related to medical leave interference.

The process begins with an initial contact and consultation to discuss the case, followed by a formal fee agreement if both parties decide to proceed. Our firm will then may engage in negotiation or litigation as a means to resolve the case.

Unlawful termination occurs when an employer fires an employee for prohibited reasons, such as discrimination, retaliation or violations of public policy. Examples include being terminated for reporting safety violations, refusing to engage in unlawful activities or exercising one’s legal rights. Employees who believe they have been wrongfully terminated should seek advice from an attorney and explore their options for filing a claim.

No, it is unlawful for an employer to fire an employee for taking protected medical leave under laws such as the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). These regulations allow eligible employees to take time off to address serious health conditions or care for a family member, without fear of retaliation. However, individuals must meet the eligibility requirements and provide notice and documentation for their leave.

Employees who experience harassment in the workplace should document the incidents in detail, including dates, times, locations and any witnesses. It is important to report the harassment to the employer or HR department by following the company’s reporting procedure. If the employer fails to address the issue or retaliates, a complaint can be filed with an administrative agency, such as the California Civil Rights Department or the Equal Employment Opportunity Commission (EEOC).

In a successful employment lawsuit, an individual may be able to recover damages for lost wages and benefits, emotional distress and punitive damages intended to punish the employer. The specific amount of damages available depends on the details of the case and the legal claims involved.

The duration of an employment lawsuit varies significantly depending on the complexity of the case and the opposing party’s willingness to negotiate. Some cases resolve within months through settlement, while others may take a year or more to proceed through litigation.

Many employment law cases are resolved through settlement before ever reaching a trial. However, if a fair agreement cannot be reached through negotiation or mediation, the experienced trial attorneys at Minnis & Smallets LLP are prepared to litigate the case in court.