In California, if you are terminated for an unlawful reason, you may be entitled to recover damages. Evan S. Gaines, Esq. fights hard for those who have been fired because of:

Race, sex, national origin, disability, sexual orientation, religion, or some other protected classification

Opposition to some unlawful activity

Demanding overtime, rest breaks, or lunch breaks

Requesting an accommodation

Taking pregnancy leave

Taking family and/or medical leave

Refusal to enter an unsafe workplace

Political affiliation or taking time to vote

Marital or family status

Refusing to sign an unlawful non-compete clause

Serving jury duty

Discrimination and Harassment

Evan S. Gaines, Esq. is frequently called upon to represent employees throughout California who have been the victim of employment discrimination or harassment. Our lawyers represent employees in civil litigation in state and federal courts, and in mediations and administrative hearings before boards and commissions such as the California Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC).

If you feel you have been wronged by your employer, call me now to evaluate your claim and get the justice you deserve.

Evan S. Gaines, Esq. focuses a substantial portion of its practice on employment related disputes, with a special emphasis on wage and hour issues. If you feel your employer is not following the law, call me now to see if I can help. 

Many employers violate the strict California labor laws governing the minimum wage, overtime pay, expense reimbursement, alternative workweek schedules, and wage deductions. California employers routinely disregard the extensive laws in place to ensure California employees are treated fairly.

Overtime pay is not a privilege – it’s a right under California and federal laws. The law provides when and how workers are entitled to overtime:

One and a half times the regular rate of pay for any hours worked over 40 hours in a week

One and a half times the regular rate of pay for any hours over eight hours in one day

Double the regular rate of pay when working more than 12 hours in one day and all hours over eight on the seventh consecutive day of work. during a workweek.

Mr. Gaines has helped thousands of people throughout California recover unpaid and stolen overtime wages. If you believe you have been unfairly denied overtime pay, call Mr. Gaines immediately to see if he can assist you and get you paid back the money that belongs to you.

California law goes beyond the federal wage and hour laws found in the Fair Labor Standards Act by requiring employers to provide meal breaks and rest periods for employees who have worked a certain amount of time. Evan S. Gaines, Esq. represent workers statewide who have been denied the meal breaks and rest periods to which they are entitled.

Evan S. Gaines, Esq. has helped thousands of workers sue to recover unpaid expense reimbursement for unpaid mileage. gas, cell phone usage, among countless others. If you have to spend your own money to perform work for your boss, that money must be reimbursed. 

 California Labor Code Section 2802 requires an employer to reimburse an employee for all necessary expenses or losses incurred in direct consequence of the discharge of his or her duties, including driving expenses and cell phone use. The law further provides that the penalty for failing to reimburse an employee includes liability for the expenses plus interest, as well as attorney fees and costs incurred in obtaining reimbursement. Employees can recover up to four years of un-reimbursed expenses.

Evan S. Gaines, Esq. focuses a substantial portion of his practice on employment related disputes, with a special emphasis on wage and hour issues. There are many ways employers fail to comply with California law in paying commissions and minimum pay to sales employees.  If you feel your employer has taken advantage of you, call me now to evaluate your claim. 

It is generally improper to fail to pay commissions earned but uncollected at the time an employee leaves a company. It is also generally improper for companies to fail to pay earned commissions during so-called “probationary” period (for example, no commissions paid until an employee has been with a company for six months).