Employment Claims

The Law Office of Mark L. Van Buskirk understands that mistreatment in the workplace can be an overwhelming challenge to face alone. In many situations, workers are confronted with insurmountable frustration and feelings of despair. It is important to remember that the state of California and the federal government have enacted numerous protections designed to ensure that employees are treated fairly.
Significant stress and anxiety can come with unresolved legal problems in the workplace.  Mr. Van Buskirk takes the time to listen carefully to your questions and concerns in order to help you chose the most effective path to meet your goals and will help you evaluate all of your options and decide on the most effective approach to get the results you desire, whether through a settlement, mediation, arbitration or trial.
Mr. Van Buskirk represents individuals who have claims against their current or former employers,
such as:
Wrongful Termination:  Termination in violation of the law or a valid employment agreement. Wrongful termination based on a physical or mental disability, medical condition, pregnancy, gender, race, sexual orientation or age.
Discrimination Claims:  Unfair treatment by your employer based on race, religion, gender, national origin, disability, sexual orientation, medical condition, physical or mental disability, pregnancy or age (employees over 40 years old are protected from being treated differently or being forced out of work as a result of their age).
Sexual Harassment:  If you have been the target of sexual harassment, or have been subjected to a workplace filled with sexual jokes, innuendo, or comments, or have been offered a job-related benefit in exchange for sexual favors, or exposed to a sexually hostile work environment.
Wage and Hour Violations:  Wage theft deprives an employee of earned compensation.  It includes: unpaid wages (not properly compensated for straight time); unpaid overtime (not properly compensated for overtime pay); unpaid meal periods and unpaid rest breaks (being denied meal periods or rest breaks); improperly classified as an independent contractor (misclassified as an independent contractor versus an employee); failure to compensate you for working unreasonably long hours in a day or week.
Violation of State and Federal Labor Laws: claims under the Federal Family and Medical Leave Act and the California Family Rights Act, wage and hour laws, and other state and federal employment statutes.
Retaliation: If you are treated unfairly for exercising your rights or for filing a complaint about discrimination or harassment at the workplace.
Failure to Provide Clothing, Equipment or Failure to Reimburse:  Failure to  provide work clothing, equipment, or tools, failure to compensate you for using your personal phone for work purposes, or failure to compensate you for driving your own automobile for work purposes.
Whistleblower:  If you have reported or complained about illegal conduct of your employer, you may be protected against retaliation as a whistleblower.
Mr. Van Buskirk understands that resolving a matter quickly and without litigation may sometimes be in the best interests of the client.  However, whether by settlement, mediation, arbitration or trial, the goal remains: achieve the best result possible.
Mr. Van Buskirk is a seasoned attorney, having exclusively practiced in the civil litigation arena since becoming licensed as an attorney in 1997.  He has successfully represented clients before the California Supreme Court as well as the California Court of Appeal.
To hire Mr. Van Buskirk, you pay nothing upfront. Your case will be on a contingency fee basis. That means that Mr. Van Buskirk is paid at the end of the case, out of the settlement or judgement recovered on your behalf. Mr. Van Buskirk’s fee is a percentage of what he collects for you.
Mr. Van Buskirk proudly serves clients throughout California with emphasis on Los Angeles County, Orange County, Riverside County and San Bernardino County.
EMPLOYMENT CLAIMS:
  • Wrongful Termination
  • Discrimination Claims
  • Sexual Harassment
  • Wage and Hour Violations
  • Violation of State and Federal Labor Laws
  • Retaliation
  • Failure to Provide Clothing, Equipment or Failure to Reimburse
  • Whistleblower
  • Unpaid wages
  • Unpaid overtime
  • Unpaid meal breaks
  • Unpaid rest breaks
  • Employee misclassification
  • Independent contractor versus employee