Employment Law
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The State of California and Federal law protect workers’ rights. If you have reason to believe that your rights have been violated, you should contact a reputable employment law attorney. Our law firm has a wealth of experience representing workers throughout the State of California from our home base in San Francisco. Our experienced employment lawyers can guide you through the process of recovering from whatever employment-related issue you've been victimized by.
Whether you have suffered some form of discrimination, whistleblower retaliation, failure to pay what you are entitled to under the law, failure to provide meal or rest breaks as required by the law, have been wrongfully terminated, or have suffered any other unlawful treatment in the course of your employment, you need a capable employment attorney on your side advocating for you. We'll fight for you whether to achieve the best possible outcome, whether that means negotiating a monetary settlement or taking your employer to court to enforce your rights. Our employment attorneys are fully prepared to do everything it takes to ensure that you are appropriately compensated for your employer’s unlawful conduct.
Discrimination and Harassment
Wage and Hour Violations
Whistleblower and Retaliation Claims
Wrongful Termination
Your California Employee Rights
All workers in the state of California have certain rights that are protected, either under state law or federal law. While it's true that absent an employment contract, employment in California is generally “at-will”—meaning you could be terminated at any time by an employer for any legal reason or no reason at all, there are some termination reasons that California state law does not allow. For instance, an employer cannot fire you for reporting a manager who has violated state or federal laws, nor can you be fired for requesting accommodation for a disability, or for requesting family leave. In California, you also may not be terminated because of your race, color, sex/gender, religion, pregnancy, gender identity, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or criminal background.
California law also entitles you to be paid fair wages for services rendered, and that includes any overtime earned, rest periods, and meal periods. Every worker in the state has the right to employment that is free from discrimination, harassment, and any kind of retaliation for reporting illegal activity. If you have a disability, you are also entitled to request a reasonable accommodation that will allow you to perform your job duties in a capable manner.
Whatever company policy is with regard to earned vacation time or other paid time off, you have the right to use that earned time during the year it was accumulated. The Family and Medical Leave Act and the California Family Rights Act guarantee you up to 12 weeks of unpaid leave for some kinds of family or medical requirements. Assuming you are a non-exempt employee, you also have the right to regular meal and rest periods, commensurate with the length of your work shift. Employment attorneys can ensure that none of these rights are violated, and when they are, our attorneys will work tirelessly to restore them and to get you compensated for your employer’s illegal practice.
How We Can Help You
Our employment lawyers can protect your rights. If you believe your rights have been violated under California state law or under federal law, you should consult with us immediately. We can determine if your rights were indeed violated and, if they were, the extent to which you may be entitled to compensation, and advise you of what options you may have. By speaking with you about your experience and reviewing any relevant paperwork you may have, including any documents you may have signed within the course of your employment, we can help you decide the best course of action to pursue. If we determine that your rights were indeed violated, we can help you negotiate with your employer to potentially settle your case, or advance your case in a court of law.
We can determine whether the best course of action is to initiate a lawsuit against your employer, or possibly to file a claim with the relevant state agency. In some cases, the best approach may be to file a claim with the Equal Employment Opportunity Commission or the California Civil Rights Department (formerly the California Department of Fair Employment and Housing). The knowledge and experience of our employment lawyers gives you the best chance of recovering from an employment violation, and receiving the compensation that will help you to move on with your life.
Frequently Asked Questions
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While courts consider many factors in determining whether an individual is an employee or an independent contractor, an employee typically is more restricted in the manner that he/she performs work than an independent contractor who has more freedom in accomplishing tasks. For instance, an employee will generally use the tools and surroundings provided by an employer, while a contractor will often use their own resources to get the work done. California law generally protects employees’ rights to a greater extent than independent contractors. If you believe you have been misclassified as an independent contractor but are actually an employee and have not received the rights and benefits an employee is entitled to under California law, you should contact an experienced employment law attorney.
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If you are terminated for reasons that are considered illegal, you may be entitled to compensation in a wrongful termination lawsuit. In such a situation, you should find a skilled employment attorney to guide you through the process and maximize the compensation you may be entitled to.
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The time limit varies in accordance with the type of lawsuit being brought. For instance, if a discrimination case is being pursued, California law allows a three year time limit to file a charge with the California Civil Rights Department. Federal law allows for a 180-day time limit before filing a charge with the EEOC. When filing a state discrimination claim, that time frame is extended to 300 days.
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At-will employees can be terminated at any time by a California employer for any reason or no reason, so long as the reason is not illegal. However, if an “at will” employee’s termination is discriminatory, retaliatory, or violates public policy, that employee may still have a viable wrongful termination case.
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The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) require employers to accommodate any disability an employee has, as long as the accommodation does not impose an undue hardship on the employer.
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