Frequently Asked Questions

Mr. Velarde handles California employment law cases, including cases involving wrongful termination and retaliation, disability discrimination and accommodation, sexual harassment and hostile work environments, pregnancy discrimination and rights, and medical leave discrimination and retaliation.

Mr. Velarde represents workers throughout California in state and federal employment law matters. His practice is based in Orange County, but he serves clients across the state, including those throughout Southern California, as well as the Bay Area, Central Valley, and Northern California. He frequently has cases in Orange, Los Angeles, Riverside, Ventura, San Bernardino, and Sacramento Counties, and is typically litigating in multiple other counties as well.

If your employer treats you differently, and subjects you to an adverse employment action based on a protected trait like sex/gender, disability, or pregnancy, talk to Mr. Velarde to find out if you have a claim.

Not necessarily. Many employment cases settle out of court, but Mr. Velarde is fully prepared to take your case to trial if that’s what it takes to get justice.

Wrongful termination happens when an employee is fired for an illegal reason, such as discrimination, retaliation, or in violation of public policy or a contract. There are a number of different laws and regulations that an employer could violate — such as terminating an employee for requesting medical leave, reporting misconduct, or opposing sex harassment. In order to properly analyze your case, it’s best to consult with an experienced employee rights attorney.

Sometimes. California is an at-will state, so employers can terminate employees without stating a reason. But if the real reason was illegal (for example, discrimination or retaliation), you may have a case.

Some examples of evidence that can be useful in wrongful termination cases can include emails, performance reviews, witness testimony, internal complaints, and evidence of a timeline. One word of caution, it is often illegal to make audio recordings without the other person knowing they are being recorded. That should not be done by either the employee or the employer.

It depends on the circumstances of your case. Reinstatement is possible in some cases, but most clients prefer to pursue compensation and move on. We’ll discuss your goals and tailor our strategy accordingly.

Unfair treatment based on a physical or mental condition may constitute disability discrimination. This can include denial of accommodations, harassment, or termination.

Accommodations vary, but can include modified schedules, time off, physical changes to the workplace, assistive technology, or reassignment to a different role. A reasonable accommodation will allow an employee to perform the essential duties of their current position or certain vacant alternative positions.

No. Even temporary conditions may qualify as disabilities if they limit a major life activity. Talk to an experienced employment rights lawyer to find out if you qualify for disability protections.

Failure to engage in the interactive process is itself a legal violation. Your employer has a duty to explore reasonable solutions with you. If you feel like your employer is dragging their feet, contact an experienced employment rights lawyer as soon as possible.

Generally no. Even disability leaves that exceed the period provided under the FMLA and CFRA are often protected when there is a reasonable likelihood of when the employee can return, and where it is not an undue burden on the employer. But communication with the employer is very important. Firing you may be grounds for legal action.

Any severe or pervasive sexual conduct that a reasonable person would consider to be hostile, intimidating, offensive, oppressive, or abusive may qualify as harassment. Such conduct can be verbal, visual, or physical.

Yes. While prompt reporting can help, failure to report does not prevent you from filing a legal claim. Many workers delay reporting out of fear or confusion. In California, you typically have three years to file a claim, starting from the date of the harassment (although in some instances a continuing course of harassing conduct can also open claims that go back further). However, it is important to act promptly and contact an experienced employment rights lawyer. Witness memories can fade, and more recent claims are often easier to prove.

Evidence that can help you prove your case can include statements from your coworkers or other witnesses, and records of complaints in the harassers employee file, as well as text messages and sometimes emails. However, be careful not to make secret audio or video recordings, as that can be illegal. If you’re not sure you have enough evidence to support your claim, don’t worry. Your own testimony of the harassment that you experienced can be the most powerful evidence of the case.

Yes. Sexual harassment cases are primarily focused on emotional distress as the theory of damages, although sometimes lost wages become relevant as well. In some cases, you can potentially recover punitive damages as well.

Not necessarily. Mr. Velarde understands that going to court in a sexual harassment case can be a stressful experience. That’s why he tries his hardest to get his clients the justice they deserve at mediation, if possible. That being said, Mr. Velarde is fully prepared to go to trial if that is what your case demands.

If you work for a company with more than 5 employees, then yes. You are entitled to up to 4 months of Pregnancy Disability Leave (PDL), and depending on your circumstances, you may be eligible for an additional 12 weeks under CFRA for bonding or recovery. In addition, under the Fair Employment and Housing Act more broadly, disability accommodation protections can allow for even longer leave in some instances.

You may still be eligible for leave under PDL or the Fair Employment and Housing Act. Talk to an experienced employment lawyer to find out more.

This is a common employment rights violation. You may have a legal claim, and be entitled to lost wages and emotional distress damages.

Your employer must provide reasonable accommodations for pregnancy-related conditions if doing so does not cause undue hardship. This has to be analyzed on a case by case basis.

Assumptions about a pregnant worker’s capabilities are a form of discrimination. Contact a pregnancy discrimination lawyer as soon as possible to learn more.

California law considers the term “serious health condition” to include illnesses, injuries, or conditions that require inpatient care or continuing treatment — such as surgery, cancer treatment, chronic conditions, and mental health crises.

No. You are only required to provide enough information for your employer to determine whether the leave is covered by law.

If you meet the legal requirements and your employer refuses to grant leave, they may be in violation of a number of California and federal laws mandating medical leave for employees. Contact an experienced employment rights lawyer to find out if you have a case.

Yes. You can often take leave in smaller chunks (a few hours or days at a time) if it’s medically necessary. Talk to a lawyer to learn more about your options.

If you have a legal case against your employer, you may be entitled to back pay, front pay, emotional distress damages, and even punitive damages.