Frequently Asked Questions.
Why should I go with Orihuela Law Firm?
Orihuela Law Firm and its attorneys have established themselves as one of California’s top employment firms. They have collected tens of millions of dollars for victims of harassment, discrimination, retaliation and wrongful termination.
What will you charge me?
Nothing unless we recover money for you. Orihuela Law Firm works on a contingency basis, meaning that we take a percentage if and only if we collect money for you. As your attorneys, if we recover no money for you, you owe us nothing. We do not charge for consultations.
How long will my case take to resolve? Will my case go to trial?
It often takes one or more years for cases that go to trial in California. While trial is a possibility, the vast majority of cases resolve before trial. Settlements can also take months or years to resolve. Your lawyers at Orihuela Law Firm will apprise of you of important deadlines and provide resolution strategies throughout your case, while always keeping trial as a viable option.
How much is my case worth?
The value of your case will depend on several factors, including a calculation of your economic losses, emotional distress and the possible recovery of punitive damages. The value may also depend on the economic viability of the defendant and your own financial needs. The lawyers at Orihuela Law Firm will provide you a valuation of your case after a careful analysis.
Will I have to pay taxes if my case settles?
If you receive proceeds from settlement of a lawsuit, you may have questions about whether it is taxable. You very well may have to pay Uncle Sam. Always contact a CPA or experienced tax preparer to determine taxability of settlements.
My boss is a real jerk and yells at me. That has to be illegal, right?
Not necessarily. Being a jerk is not illegal in California and there are no anti-bullying laws protecting employees. If, however, your boss is targeting you because of your race, gender, disability, religion or because you made certain protected complaints, that may be illegal. You should contact an experienced lawyer to discuss your case.
I worked for decades and was suddenly terminated. Can they just fire me for no reason?
In short, yes. Most employees in California are considered “at-will” employees, which means that an employer can terminate the employee for any reason they want – or no reason – so long as it is not for an illegal reason. Uncovering the real reasons for termination can be challenging, but this is what we do.
I heard companies have to offer severance when firing someone. Is that true?
No, this is another misconception that we have heard from employees over the years. There is no legal requirement in California that employers offer severance when terminating an employee. However, some employers will offer severance in exchange for a full release of claims. If your employer has presented you with a severance agreement, consider having an attorney review the agreement as it may be offered to waive your legitimate legal claims.
I have medical issues and need some help from my employer. Do they have to accommodate me?
The law regarding reasonable accommodations in California is very nuanced and complicated. Generally, employers have to accommodate legitimate requests for reasonable accommodations assuming such request does not cause the employer an undue hardship.
If I’m paid a salary, I’m not entitled to overtime, right?
Again, it depends. Wage and hour laws in California are complex. A misconception that we have observed over the years is that employees who are paid a flat salary often believe they are not entitled to overtime pay. This is not always the case. Employers often improperly classify employees as “exempt” from overtime pay by attempting to pay a salary.