San Diego Employment Lawyer
It’s Your Livelihood.
Your Wellbeing at Work is Equally as Important Off the Clock.
San Diego Employment Attorney
Dealing with issues at work can be difficult and overwhelming, particularly when your rights are violated. California’s employment laws are among the strongest in the country, providing employees with substantial protection against unfair treatment, discrimination, wage theft, and wrongful termination. Yet, you often need legal counsel to help you understand these statutes and enforce your rights. That’s where a competent San Diego employment lawyer can help.
Workplace conflicts range from issues like unemployment and lack of benefits to harassment, discrimination, and dismissal. Either way, you need to quickly address the problem and engage professional help. You can get legal representation from a professional who is not only aware of your rights but can also give you proactive solutions that fit your particular circumstances.
At Theory Law, we’re all about working with employees to hold employers responsible and make sure they’re adhering to California’s very generous labor laws.
Whether you’re facing retaliation for reporting workplace abuse, a wage dispute, or discrimination due to your race, gender, or disability, you are not alone. Our lawyers are familiar with the laws and have the resources to advocate for you. An experienced San Diego employment attorney can advocate for fair pay on your behalf, preserve your reputation, and build a safer and more just workplace.
Understanding common workplace conflicts, California employment laws, and how a lawyer can help you settle disputes can make all the difference. We strive to make sure you are aware of your rights and can make educated choices regarding your case.
Understanding Employment Law in California
California has some of the most rigorous employment laws in the nation, with laws that aim to prevent employees from being disadvantaged and exploited. Whether it’s minimum wage laws or anti-discrimination laws, they define workplace justice. Reading through California labor laws and regulations can be overwhelming if you don’t have an experienced San Diego employment attorney on your side to explain whether your employer has violated any laws.
Employment law relates to everything from wage and hour disputes to workplace discrimination, retaliation, harassment, wrongful termination, and violations of family or medical leave. Employers are supposed to obey these regulations, yet some do not, risking financial and emotional injury to workers. If you’re struggling with a hostile workplace or are in need of guidance about severance, a skilled attorney can give you helpful advice.
Common Employment Law Violations
Employers sometimes violate state and federal employment laws in ways that affect workers. If you’ve been victimized by any of this misconduct, a San Diego employment attorney can determine what you need to do to defend yourself and receive compensation.
Below are some of the most common problems workers experience:
- Pay and Hour Issues: These include unpaid wages, withheld overtime, and non-traditional working hours. In California, employers are obligated to pay employees at least the state minimum wage and overtime for non-exempt workers.
- Discrimination: Discrimination based on race, gender, age, disability, religion, and other protected characteristics is unlawful in the workplace in California pursuant to the Fair Employment and Housing Act (FEHA).
- Harassment: Sexual harassment and other forms of workplace harassment foster unhealthy environments and are punishable by state and federal law.
- Retaliation: If an employee exposes wrongdoing, such as safety hazards or discrimination, the employer is exempt from retaliatory action under whistleblower protections.
- Wrongful Termination: Firing an employee for discriminatory reasons or as retaliation for lawful activities violates California law.
Discrimination in the Workplace
Discrimination could manifest in many ways, such as discrimination in employment, promotions, work assignments, or firing. The California FEHA provides general protections for workers so that no one will be discriminated against because of race, gender, sexual orientation, disability, or other protected characteristics.
Even when discrimination is explicitly present, employees may find it more challenging to detect and prove. An employment lawyer in San Diego can help you pinpoint discriminatory practices, collect evidence, and make complaints to relevant agencies, including the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Discrimination complaints can involve lengthy litigation with statutory complaint deadlines and high demands for evidence. With an attorney in your corner, you can rest assured that your case will be taken seriously and handled effectively.
Wage and Hour Violations
Employee wage theft and hour violations are among the most common workplace concerns. Examples can be employers not paying minimum wage or overtime or refusing to give meal and rest breaks, which are lawful obligations.
In California, non-exempt employees must be paid 1.5 times the normal rate for hours worked more than eight per day or 40 per week. Double time is provided for shifts longer than 12 hours. Employers are also required to give non-exempt workers a 30-minute meal break for shifts longer than five hours and a second meal break for shifts over 10 hours.
If you believe you have been subject to wage discrimination, an employment lawyer in San Diego can examine your pay history, estimate how much you should be paid, and recover your unpaid wages by negotiating or litigating.
Sexual Harassment and Hostile Work Environments
Employer harassment, including sexual harassment, is a widespread problem that can negatively impact an employee’s life and career. Harassment could be unwanted advances, unwelcome language, or a hostile working atmosphere.
In California, employers are obligated to act to stop harassment and ensure a safe working environment. Hostile harassment victims can report the incident to the DFEH or the EEOC and may receive damages for emotional trauma, lost wages, and other harm.
If you are not familiar with reporting harassment, submitting claims, and pursuing legal action, a qualified employment lawyer can walk you through the process. Even your lawyer can make your workplace a safer and more respectful place for you and your co-workers.
Retaliation and Whistleblower Protections
California law provides robust protections for whistleblowers, ensuring they can report violations without jeopardizing their jobs. Unfortunately, too many employees who expose employer mistreatment are demoted, fired, or harassed.
If you’ve been the target of retaliation, you need to document everything and hire legal counsel. If you work in San Diego, an employment attorney can assist you in pursuing a case, securing reinstatement, and recovering damages for the harm you sustained.
Family and Medical Leave Act (FMLA) Violations
The FMLA, along with the California Family Rights Act (CFRA), allows certain employees to take unpaid, job-protected leave for specific family or medical reasons. This can include caring for a new child or sick family member or recovering from a serious health condition. Yet, some employers deny leave, retaliate against employees who take leave, or fail to reinstate employees in their former roles once they return from leave.
If your employer has violated your rights to take leave, you may be entitled to compensation for lost wages, benefits, and stress. A San Diego employment lawyer can assist you with making a complaint and ensuring that your employer is compliant with state and federal leave policies.
Wrongful Termination Claims
The state of California is an at-will employment state, which means that employers can fire employees for almost any reason, but there are certain exceptions. Wrongful termination includes firings for discrimination, retaliation, contract violations, and other reasons.
Claiming unlawful termination frequently hinges on showing that the employer’s reason for termination was discriminatory, retaliatory, or in violation of a contractual agreement or employment laws. You can rely on a San Diego employment attorney to help make your case by gathering evidence, speaking with witnesses, and reviewing work records. Successful claims can lead to re-hire, back pay, or other damages.
The Role of Mediation in Employment Disputes
Unlike long and expensive litigation, mediation is a better way to settle employment conflicts without going to court. A third party acts as a mediator between employee and employer in order to negotiate an agreeable compromise. Mediation may also be useful in situations involving severance clauses or wage disputes.
Accommodations for Disabilities in the Workplace
There are two major legal protections for impaired workers: the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act. They both require companies to offer reasonable accommodations for disabled workers. Such accommodations can consist of adapted workspaces, adjustable working hours, or assistive technology that enables employees to do their job more efficiently.
Employers must also engage in a timely, good-faith collaborative process to determine appropriate accommodations. Some employers refuse to comply or do not honor their promises to provide accommodations, and this puts workers at a disadvantage.
A San Diego employment attorney can fight for your interests, ensure you are properly accommodated, and take the appropriate legal steps when accommodations are not provided. When you deal with these issues, your attorney can help make your workplace more equal and accessible for workers with disabilities.
Protections for Gig and Freelance Workers
Gig and freelance workers often experience unique challenges in employment, such as job security, lack of benefits, and pay. California’s Assembly Bill 5 (AB5) imposes stricter standards on workers who are deemed independent contractors to give these workers employee protections. Yet, there are employers who misclassify gig workers to evade benefits and overtime.
You should contact an employment attorney in San Diego to find out which category you fall under and how to recover wages and benefits. If you’ve been classified or denied rights at work, your lawyer can help you file a claim and get paid. The protection of gig workers’ rights means that all workers are treated fairly, no matter their industry or work structure.
Employment Rights for Immigrant Workers
Immigrant workers are protected in the workplace by California’s labor laws, even those who are undocumented. These include protections in regard to the minimum wage, overtime, and safe working conditions for people with or without immigration status. Sadly, immigrant workers are often exploited, extorted, and forced into dangerous work due to retaliation or threats of deportation.
Having an employment lawyer in San Diego can offer you protection on a non-disclosure basis so you can protect yourself and oppose unfair workplace practices. California law prohibits retaliation against employees who report violations, providing further protections for immigrant workers. You can remedy workplace violations with the help of the law and keep yourself safe and secure while advocating for fair treatment for all employees.
Military Leave and Veteran Employment Rights
According to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and California’s Military and Veterans Code, military workers are entitled to job protection while in the military. Employers are required to make reasonable accommodations and let service members return to civilian work without penalties. This includes freedom from discrimination because of military service and being turned away for service.
An employment attorney in San Diego can help veterans and military personnel assert their rights if their employment protection is thwarted. If you have been wrongfully fired, denied a promotion, or refused reinstatement, your attorney can fight to obtain payment and job security under federal and state laws.
Advocating for Workplace Safety
The California Occupational Safety and Health Administration (Cal/OSHA) regulates work practices to keep workers safe from injuries. Employers have an obligation to ensure a safe work environment without risk of injury, disease, or death. When workers encounter unsafe conditions, they can submit complaints to Cal/OSHA or contact a lawyer if they are fired for reporting violations.
Hiring an employment lawyer can provide workers with the information they need to act when they are at risk of being injured. From exposing illegal activity to recovering workers’ compensation for workplace injuries, an attorney can make sure employees are protected at every turn. When you advocate for workplace safety, you help keep your fellow employees safe and make the workplace a healthier, more efficient place to work in San Diego, CA.
How a San Diego Employment Lawyer Can Help
Employment issues are often fraught with complicated laws and skewed power relationships between workers and employers. An experienced San Diego employment attorney can level the playing field by giving legal advice and representation.
From reviewing contracts and paychecks to submitting claims and appearing in court, your lawyer can take care of all the legal documentation while you take care of your career and health. Whether you’re seeking a settlement or going to trial, you want a lawyer by your side who fights for you every step of the way.
San Diego Employment Law FAQs
Q: What Should I Do if My Workplace Is Unsafe?
A: When working in an unsafe environment, document the risks and report them to your employer or Cal/OSHA in California. You should never be punished for refusing unsafe work. If your employer fails to respond or retaliates against you, speak with a San Diego employment attorney. A lawyer can assist you in filing a claim, obtaining injury compensation, and holding your employer responsible for an unsafe working environment.
Q: What Protections Do Immigrant Workers Have in California?
A: Immigrant workers have significant protections under California labor law regardless of their immigration status. These include protections in relation to minimum wage, overtime pay, and workplace safety. Employers also cannot abuse, discriminate against, or punish immigrant workers who expose violations. If you are being mistreated at work, an employment attorney can represent you anonymously, assist with filing claims, and defend your rights.
Q: Can Gig Workers File Claims for Misclassification?
A: Yes, gig workers in California can file claims if they believe they have been misclassified. Misclassification often denies workers access to overtime, benefits, and other legal protections. California’s AB5 law provides criteria to determine proper classification. A San Diego employment lawyer can assess your case, help you understand your rights, and help you pursue compensation for lost wages, benefits, or other damages caused by misclassification.
Q: What Is Considered Retaliation in the Workplace?
A: Retaliation in the workplace occurs when an employer takes adverse action against a worker for reporting workplace issues like harassment or wage theft. Adverse action typically takes the form of termination, demotion, or salary reduction. The law in California forbids retaliation, and a San Diego employment attorney can assist you in filing a claim and recovering damages.
Q: What Should I Do if My FMLA Rights Are Violated?
A: If your FMLA rights are violated, keep records of all contact with your employer, including denied leave and reprisals. Make a complaint with HR or the Department of Labor. Having an employment lawyer on your side can help you safeguard your rights, recover wages, and hold your employer responsible for illegal conduct.
Contact a San Diego Employment Lawyer
Employee rights in California are designed to shield employees from unjust treatment, discrimination, and paycheck violations, but these rights can be hard to enforce without the help of an attorney. If you’re struggling in the workplace, speaking with a San Diego employment lawyer is a critical first step toward getting justice and equal treatment.
Our firm provides workers with the means and resources they need to fight against illegal practices. From wrongful termination and discrimination to wage and hour violations, we work hard to hold employers accountable and ensure our clients are compensated and treated fairly.
Don’t put your career and your livelihood in the hands of a predatory employer, and don’t take workplace harassment lightly. Contact Theory Law today to schedule a consultation and let an experienced San Diego employment lawyer guide you through the nuances of employment law. With us, you can control your future and achieve the justice you deserve.
How Can Theory Law Help You?
If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.
Practice Areas
San Diego
Holding Employers Accountable
From the start of your case, Theory Law holds employers accountable by providing aggressive representation. Should it be necessary to go to court for your case, we will professionally and aggressively advocate your rights.
No FEE Gurantee
Theory Law will not charge you any attorney fees if you do not get paid a recovery for your case. Unlike some other firms, you are not charged for any case opening fees or attorney retainer fees.
Theory Law Difference
Our growth and success are in large part from putting people first. We care about you, and we are not afraid to go to trial to get you the maximum settlement. Others may leave more money on the table.