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Employment Law |
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Employment Law
encompasses the following employee- employer issues: Wrongful
Terminations, Employment Discrimination, Sexual Harassment, and Wage
and Hour Law (Overtime and Minimum Wage).

Workers’
Compensation (On-Job Injury)
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If you were injured on
the job, chances are you are a candidate for compensation. Most
cases of injury on the job are covered by workers’ compensation,
regardless if the injury is at the fault of the employer or even the
employee’s mere clumsiness. In fact, the few instances in which
coverage can be denied include self-inflicted injuries, injuries
which occur while the employee is committing a crime, and injuries
which occur while the employee is directly breaking company policy.
If you were injured on the job, it is imperative that you
immediately report your injury to your employer, seek medical
attention, and find legal advice. Giving a recorded statement of the
injury to the insurance company before consulting an attorney could
result in the loss of your candidacy of workers’ compensation.

Wrongful
Termination
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Most
employee-employer relationships are considered “at will.” An at
will employment relationship basically means that both the employer
and the employee can terminate the employment relationship at any
time and for any reason (with or without cause) so long as it is not
an illegal reason. Though most employee relationships are “at will,”
employees are frequently terminated without cause in contravention
of state or federal law, their employment contract, or their
employment handbook. In these instances, an employer has committed a
wrongful termination and should be liable for their unfair
treatment. RON KIM LAW is prepared to review your specific
employment situation and fight for your legal rights against an
employer that has wrongfully terminated your employment.

Employment
Discrimination
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Federal and State law
prohibit discrimination in the workforce. These laws prohibit
discrimination in all aspects of your employment relationship
including the application, hiring and firing phases, promotions,
raises, health benefits, vacations, time off and other conditions of
employment. Discrimination can be made on the basis of race, gender,
age (over 40), disability, national origin, religious creed, and
sexual orientation.

Call
RON KIM LAW with your questions relating to discrimination based on:
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Age Discrimination
(Over 40 years old)
Race Discrimination
Gender (Sex) Discrimination
National Origin Discrimination
Disability Discrimination
Retaliation (Retaliatory Discharge) |
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If you have been
discriminated against, you may need to file a state human rights
violation or a charge with the Equal Employment Opportunity
Commission (“EEOC”) within a short time period. RON KIM LAW has
represented numerous clients in Equal Employment Opportunity
Commission (“EEOC”) complaints and mediations and has trial
experience in employment discrimination, if litigation is deemed
necessary. Please do not hesitate to contact RON KIM LAW for a free
consultation if you have been the victim of any type of employment
discrimination.

Sexual
Harassment
includes "unwelcomed sexual advances or conduct” In the workplace,
gender-based animosity, and a sexually-charged, hostile work
environment. Though most sexual harassment occurs by a supervisor or
other authoritative figure, an employee can be sexually harassed by
a co-worker, customer, manager, lead person, foreperson, partner,
and/or owner. Employees are protected under both state and federal
law against workplace sexual harassment. Examples of sexual
harassment include work-related benefit offers in exchange for
sexual favors, inappropriate physical touching and demands by a
co-worker, constant unprofessional sexual jokes or references, the
presence of sexually-oriented images, pictures, and displays in the
office, or an otherwise hostile work environment.

RON KIM LAW will not
stand for sexual harassment in the workplace. If you have been the
victim of sexually hostile, abusive, or offensive conduct at work,
please call RON KIM LAW to discuss your legal options.

Wage and
Hour Laws (Overtime and minimum wage)
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Federal law protects
an employees right to overtime payments for time worked over 40
hours a week and for payment of the minimum wage. The Fair Labor
Standards Act (FLSA) governs wage and hour law by defining the
40-hour workweek, establishing a federal minimum wage (states may
have a higher minimum wage), providing for overtime payments, and
regulating child labor. Generally speaking, employees must be paid
for any "work time" - time spent on an activity that is performed
for the benefit of the employer. Further, employers will
occasionally misclassify employees as exempt employees under the
FLSA and forego their owed overtime payments. If an employer
violates the FLSA, a plaintiff employee is entitled to statutory
damages, which include past wages, attorney fees, and liquidated
damages.

If you have not been
paid the minimum wage or overtime, please contact RON KIM LAW at
your earliest convenience to discuss your situation. Even if you are
unsure of whether you qualify for overtime pay, it is best to
discuss your situation with a trained legal professional. RON KIM
LAW offers free consultations and is prepared to investigate your
current employment issues.
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