FREQUENTLY ASKED QUESTIONS
Figuring out whether what happened to you at work is actually illegal isn't always obvious. Here are answers to some of the questions clients ask most. Every workplace situation turns on its own facts, so if your question isn't answered here, reach out for a consultation.
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Discrimination (based on race, national origin, sex, age, disability, religion, sexual orientation, and other protected characteristics)
Harassment, including hostile work environment claims
Retaliation, including whistleblower retaliation
Wrongful termination
Reasonable accommodations (disability and religious accommodation)
Equal Pay Act violations
Wage and hour issues (unpaid overtime, meal and rest break violations, misclassification, and related wage claims)
Employment and severance agreement negotiations
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Yes, it's illegal under both California and federal law. National origin discrimination happens when an employer treats you unfavorably because of where you (or your family) come from, your accent, your ancestry, or because you're perceived to be from a particular country or ethnic background. Examples include being denied a promotion because of an accent that doesn't affect job performance, being mocked for speaking another language, being subjected to demeaning stereotypes, or being fired after an employer learns about your immigration status or country of origin. If you've experienced treatment like this, it may support a discrimination claim.
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No. California law protects employees who report — or reasonably believe they are reporting — violations of law to a government agency, a supervisor, or another employee with authority to investigate, or who refuse to participate in illegal activity. If your employer demotes you, cuts your hours, fires you, or otherwise punishes you after you complained about wage theft, raised a safety violation, reported suspected fraud, or refused to falsify records, that can be unlawful retaliation — even if the underlying conduct you reported turns out not to be a violation, as long as your belief was reasonable and made in good faith.
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A few common scenarios:
An employee with a documented disability is denied a requested accommodation, such as modified duties or additional leave, and is then terminated for "performance."
A worker is paid less than a colleague of a different sex who is doing substantially similar work, in violation of the Equal Pay Act.
An employee is misclassified as exempt and denied overtime pay they're legally owed.
A worker is terminated shortly after taking protected medical leave or requesting a religious accommodation.
An employee is pushed out or constructively terminated after complaining to HR about harassment.
If your situation doesn't match one of these examples exactly, it may still be worth discussing — the law covers a broad range of prohibited conduct.
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No! It is always worth having an attorney review a severance agreement you’ve been offered. Severance agreements often include a release of claims, meaning you would be giving up your right to sue in exchange for the severance offered. They can also contain confidentiality, non-disparagement, or non-compete provisions (which are unlawful in California) that affect what you can do or say after you leave. Matta Law specializes in reviewing these agreements and can help you understand what you'd be giving up, and, where appropriate, negotiate better terms.
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Start keeping records if you can safely do so — pay stubs, schedules, time records, and any communications about your pay or hours. Wage and hour violations, including unpaid overtime and missed meal or rest breaks, are common and often more widespread than a single employee realizes. A consultation can help determine whether you have a claim and what it might be worth.
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Yes. Employment claims are subject to statutes of limitations and, for many discrimination and harassment claims, an administrative filing requirement (with the California Civil Rights Department or the EEOC) before a lawsuit can be filed. These deadlines vary by claim type and can be shorter than people expect, so it's best not to wait to seek advice.
WORKING WITH MATTA LAW
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Mike personally reviews every intake. If, based on what you've shared, Mike believes he may be able to represent you, someone from our office will reach out to schedule a time to sit down together — either in person or over Zoom — to go through your situation in more detail. That conversation is also where we talk about your goals: what you're hoping to achieve, whether that's accountability, compensation, a fair exit, or something else. Understanding your goals early helps shape the right strategy for your case.
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We'll discuss what happened, your goals, and whether representation makes sense. If the firm takes your case, our next step is typically a more detailed sit-down — in person or via Zoom — to dig into the facts and map out a strategy tailored to what you're trying to achieve.
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It depends entirely on the facts. Some matters resolve through negotiation in a matter of weeks or months; others, particularly those that proceed to litigation, can take considerably longer. Because every case is fact-specific, our firm cannot give a one-size-fits-all timeline. Mike will walk you through a realistic expectation for your particular situation once he understands the details.
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Mike has represented both employees and employers in employment disputes, including at large national and international firms, which gave him insight into how companies build their defenses. We started Matta Law, PC to put that perspective to work on behalf of employees. Civil rights is what drew Mike to this area of law in the first place, and representing employees directly — without competing institutional interests — lets Mike focus entirely on that.
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For most clients, no. Unless we discuss and agree to a different arrangement, Matta Law, PC handles cases on a contingency basis, meaning there are no upfront fees. I only get paid if we successfully resolve your case — whether through settlement, judgment, or a win at trial. If your case isn't successful, you don't owe attorney's fees.