Providing Expert Legal Advice and Representation to Employees & Employers
Sanders & Montalto, LLP provides legal advice and representation to employees and employers throughout the State of California. The firm has over 40 years combined experience, and the financial resources to prosecute our clients' cases with the representation they deserve.
Our attorneys have successfully litigated many notable cases in the area of employment law, including claims involving discrimination, sexual harassment, wrongful discharge, and wage violations.
The general rule regarding California employment law is that most employees are "at will," which means that they can be hired and/or fired at any time for good cause, bad cause, or no cause at all. It also means that an employee can quit at any time for any reason. There are, however, recognized exceptions to the "at will" rule.
If an employee has an oral or written contract of employment specifying that he or she will not be fired without 'good cause'. If good cause does not exist, an employee who is terminated may have a claim for wrongful termination rooted in principles of contract law.
If an employee has an 'implied contract' of employment. An implied contract may exist when the circumstances of employment (long duration of employment, good performance, promotions, raises) are coupled with conduct and/or statements of the employer (such assurances that their job will be secure provided they continue doing a good job).
If an implied contract of employment exists, an employee who is terminated may have a claim for wrongful termination also rooted in common law principals of contract law.
If an employee is terminated because of age, sex, race, religion, national origin, marital status, disability, or other recognized public policy considerations such as termination in retaliation of whistle blowers, employees performing jury service, etc. a valid claim for wrongful termination will exist.
Under California employment law, even if an employee has not been terminated, they may have a claim for "constructive termination" against the employer if the employee has been subjected to sexual harassment or discrimination.
Available damages in many employment matters may include reinstatement, recovery of past and future wages, emotional distress damages, attorney’s fees, and punitive damages.
We are committed to making sure we do everything possible to achieve the maximum results in each client's case, and in keeping the client informed along the way.
The firm generally provides representation to employees on a contingency fee percentage basis, and if there is no recovery, there are no fees or costs. (Some law firms advertise "no recovery, no fees" but later charge you to recover their costs.)
