Specializing Exclusively In Employment Litigation

The Law Office of Garry M. Tetalman

Dedicated to the aggressive pursuit of the rights of workers.
If you need legal representation, call us at (805) 879-7518

TYPES OF CASES

California Employment law is comprised of a complex network of statutes, regulations and case law that controls how employers must treat employees. Unfortunately, many employers violate these rules.

At the Law Office of Garry M. Tetalman (“GMT”), we represent employees in all aspects of the employer/employee relationship. Our level of knowledge, expertise, energy, and dedication will give you the comfort of knowing that you are not alone in standing up for your rights. We believe in what we do for you, and we are passionate about doing everything in our power to make sure you are treated fairly by your employer and your employer’s attorney.

Before delving into discussion on the types of cases litigated by GMT, it is important to address the “at-will” provision of California Law. The vast majority of employees who work in California are considered “at-will.” Unless your employment is governed by a specific contract, signed by both you and your employer, which describes in detail certain categories such as the job position, the length of position, how the position is to be compensated, and the end date of the position, you will most likely fall under the category of “at-will” employment. “At-will” employment simply means that neither the employee nor the employer is bound to one another. Both the employee and the employer have the right to end the employment relationship at any time, for any reason. Under most circumstances, where an employer terminates the employment relationship with an employee, there is no requirement that they have good cause, or any cause, to terminate that employee. In other words, under the “at-will” scenario, an employee is not guaranteed continued employment regardless of whether he or she performs at a satisfactory level.

While employers who employ “at-will” employees are usually protected from liability concerning most terminations, there are certain specific exceptions to this rule. These exceptions comprise of the law on unlawful and wrongful termination and GMT aggressively litigates the following types of claims on behalf of workers: Wrongful Termination, Sexual Harassment, Employment Discrimination, “Whistleblower” Claims, Overtime Claims, Wage and Hour Class Actions, California Family Medical Leave, and Severance Package Reviews.

WRONGFUL TERMINATION

WRONGFUL TERMINATION

As indicated above, most employees in California are employed “at-will.” That means that an employer does not need a good reason, or even a reason to terminate the employment relationship with most employees. Moreover, even if the employer has a bad, unfair or even inaccurate reason for your termination, that also does not give rise to a wrongful termination claim.

In order to be liable for wrongful termination, one must investigate the reasons behind the termination. If the termination was discriminatory in nature, that is, an employee’s race, religious preferences, national origin, gender, sex, sexual preference, disability, medical condition or status, or marital status, then it gives rise to a claim for wrongful termination.

It is also wrongful to retaliate or terminate an employee who reports unlawful activities that are occurring at the workplace or for refusing to participate in an unlawful activity. It is also unlawful to terminate an employee for medical leave or jury time. Keep in mind there are exceptions to every rule and you should consult an attorney for more information regarding your own situation.

EMPLOYMENT DISCRIMINATION

There is no excuse for any discrimination in the work place. Unfortunately, employment discrimination happens more often then people would like to think. California and Federal laws prohibit an employer from taking any adverse employment action – including discharge, lack of promotion and unequal pay – because of an employee’s race, religion, national origin, disability, gender, marital status, or age (over 40). Employment Discrimination is similar to sexual harassment, described above, with the only difference that instead of gender or sex being the basis of the harassment, other factors, such as those listed above, are used. Mr. Tetalman helps victims of this illegal behavior recover for the wrong done to them.

EMPLOYMENT DISCRIMINATION

WHISTLE BLOWER CLAIMS

WHISTLE BLOWER CLAIMS

If an employee reports wrongful or illegal conduct on the part of an employer and is fired or otherwise punished for it, the employer may be liable under California law.

OVERTIME CLAIMS

California law requires employees to get paid time and a half for all hours worked in excess of eight (8) in one day or 40 hours in one week, unless they are considered “exempt” from the overtime requirements. Many employers treat their employees as “exempt” and pay them a fixed salary in order to get around paying that employee overtime wages. However, in order to be “exempt” from the requirements to pay overtime, an employee must be employed in an administrative, managerial or professional function and spend more than 50% of his or her work time performing “exempt” duties (duties that are reserved for managers versus hourly employees such as exercising independent discretion as to how the company is run, hiring/firing, or supervising other employees.)

Please note: Just because an employee holds the title of manager or is paid a salary, does not mean they are exempt from overtime! Please contact Mr. Tetalman for a confidential free review of your situation to determine if you are being paid improperly.

OVERTIME CLAIMS

WAGE & HOUR CLASS ACTIONS

WAGE & HOUR CLASS ACTIONS

Unfortunately employers in a variety of industries treat numerous employees as “exempt” from overtime when, in fact, those employees are not “exempt” based on their duties. Mr. Tetalman has litigated and is currently litigating wage and hour class actions on behalf of numerous California employees.

CALIFORNIA FAMILY MEDICAL LEAVE

In California, if you work for an employer for at least one year or longer and that employer employs more than 50 employees, you are entitled to up to 12 weeks of unpaid leave to care for a serious health condition to either yourself or someone in your immediate family (parent, child, or spouse.) Additionally, pregnant employees who work for employers who employ over 5 people are also entitled to up to four months additional unpaid pregnancy leave. Employees with disabilities may be entitled to greater periods of leave if such leave is a reasonable accommodation for a disability.

CA FAMILY MEDICAL LEAVE

SEVERANCE PACKAGE REVIEWS

SEVERANCE PACKAGE REVIEWS

In addition to employment-related litigation, we also review severance package offers to help you determine whether or not a former employer is treating you fairly.

Please note: This website is designed for general information only. The information contained in this site should not be construed as formal legal advice or the formation of the lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.