San Diego Employment Lawyer

What is workplace discrimination, and how can San Diego attorneys help?

Workplace discrimination occurs when an employer mistreats an employee based on protected characteristics, such as race, gender, age, disability, sexual orientation, religion, or gender identity. In San Diego, California, these protections are broad, covering every aspect of employment, from hiring and firing to promotions and pay. If you’ve been a victim of discrimination, our San Diego attorneys are here to fight for your rights. With sensitivity and discretion, we’ll help you navigate the complexities of your case and work to secure the justice you deserve.

Can I be retaliated against for filing a workplace complaint?

No, you cannot be retaliated against for filing a workplace complaint. San Diego, California, and federal laws strongly protect against retaliation. If you report discrimination or harassment, participate in investigations, or stand against discriminatory practices, your employer cannot legally punish you. Retaliation can take many forms, including demotion, pay cuts, poor reviews, or exclusion from career opportunities. If you experience retaliation, it’s critical to document the incidents and consult with an experienced employment attorney immediately. Our team is here to help you take swift action to defend your rights.

How do I know if I need an employment attorney in San Diego?

If you’re dealing with workplace mistreatment—discrimination, harassment, wrongful termination, or retaliation—you don’t have to face it alone. An experienced employment attorney can evaluate your case, uncover violations, and take action to protect your rights. We handle everything from investigating claims to negotiating with your employer and pursuing legal action if needed. Employment disputes are complex, but with our San Diego legal team on your side, you’ll have the expertise and advocacy necessary to seek justice and the compensation you deserve.

What should I do if I believe I’ve been wrongfully terminated?

Losing your job unfairly isn’t just frustrating—it’s violating your rights. While San Diego, California, follows at-will employment, firing someone for discriminatory reasons, retaliation, or other unlawful motives is illegal. If you suspect wrongful termination, act fast: document key details, save communications, and avoid discussing your case publicly. Our San Diego wrongful termination attorneys are ready to fight for you, protecting your rights and holding your employer accountable.

How long must I file an employment law claim in San Diego, California?

Time is critical. San Diego, California, enforces strict deadlines for employment law claims, and missing them means permanently losing your right to action. Don’t wait. If you’ve faced workplace violations, act fast to protect your rights and secure the justice you deserve.

What compensation can I recover if my employment law claim is successful in San Diego, CA?

If your claim succeeds in San Diego, you may recover compensation for lost wages, benefits, and emotional distress caused by wrongful termination, demotion, or discrimination. Attorney’s fees and court costs may also be covered, and if your employer’s actions were especially egregious, you could be awarded punitive damages. The amount varies based on your case, but our legal team will fight to secure the maximum compensation you deserve.

How can a wage-and-hour lawyer in San Diego help me get the pay I deserve?

If your employer withholds wages, denies overtime, or misclassifies your position, you could be losing money that’s yours. Our experienced wage-and-hour attorneys in San Diego fight for employees facing unpaid wages, minimum wage violations, and other wage disputes. We ensure employers comply with federal, state, and local laws—so you get every dollar you’ve earned.

Is California an at-will state?

Yes, California follows at-will employment laws. This means that both employers and employees have the right to terminate employment relationships when they choose – and without any specific reason.

However, the law does not allow termination without any restrictions. There are still certain reasons for firing an employee that can violate their rights under employment laws. In this situation, a firing can constitute wrongful termination, and you can have important legal rights. Discuss the situation with an employment attorney immediately.

I was just fired – How do I know if it was a wrongful termination?

There are many reasons for wrongful termination, and it can sometimes be challenging to recognize when this occurs. Some reasons for unlawful firing include:

• Unlawful discrimination, including sex, age, race, or disability discrimination
• Refusing to engage in sexual conduct with a superior (quid pro quo harassment)
• Refusing to engage in unlawful or unethical conduct your employer requests
• Retaliation for reporting safety hazards, wage theft, or other legal violations by your employer
• Retaliation for taking family or medical leave or filing a workers’ compensation claim
• Exercising a lawful employment right

If you suspect the reason behind your firing might be wrongful termination, allow an employment lawyer to evaluate what happened.

What should I do if I was fired?

Getting fired can be highly stressful, even if your employer was justified in doing so under the law. However, if you ever believe you were wrongfully terminated or treated unfairly, never hesitate to schedule a free legal consultation.

Often, employers will give pretextual reasons to cover up a wrongful termination, but an experienced lawyer can identify when your firing was in violation of the law. They can advise you of your rights to take action and hold your employer accountable for violating your rights.

Is it legal to be paid less than minimum wage?

Generally speaking, an employer cannot pay less than California’s minimum wage per hour of work completed. Employers cannot expect employees to complete work off the clock to avoid paying for minimum wage for every hour. However, there are some specific exceptions to the minimum wage requirements in CA.

For example, an employer might not always have to pay minimum wage for the following:

• Full-time students who are school employees
• Employees under age 20 for the first 90 days of employment
• Camp counselors
• Workers with disabilities who do not work at full capacity
• Salespeople who spend most of their work hours away from the office

How many holidays is an employee legally entitled to?

Neither federal nor California state law requires employers to give their employees time off on holidays. While many employers observe major holidays, no law requires them to close the business and allow employees to take the day off.

However, some people observe religious holidays and might not work on such days in line with their religious practice. If an employee requests time off for a holiday as a religious accommodation, the employer should grant it unless doing so would cause undue hardship for the employer.

Can an employee on disability or medical leave be fired?

The law prohibits employers from firing anyone because of a medical condition or mental or physical disability. However, some situations are more complicated, and an employer might fire someone during their disability or medical leave – but it cannot be because of their condition.

While the law protects your job while you are on medical leave, the employer can still find reasons to fire you. They might claim they restructured the company and your position no longer exists for a similar reason.

Even if your employer seems to have a legitimate reason, always allow an employment attorney to assess your situation and legal rights.

Can an employer force you to travel for work in San Diego?

In basic terms, an employer cannot force you to travel on your job in San Diego without your consent. Both federal and state employment legislation take this factor into account.

Read on: Can an Employer Force You To Travel?

How can a minor get a work permit in San Diego during summer?

By the age of 14, you may be interested in getting a part-time job to earn some extra cash. If you are a minor who wants to get a summer job in San Diego, you will need a work permit.

Read on: How to Get a Work Permit in California During the Summer

Can my employer combine rest and meal breaks?

Under the law, rest and meal breaks are meant to be taken separately in San Diego. Combining them might seem like a tempting way to take a longer break or leave work early.

Read on: Can You Combine Rest and Meal Breaks in California?

Are I'm entitled to be paid for employee parking?

In San Diego, employers are not legally required to pay for employee parking under statewide laws. However, businesses must stay informed about local zoning regulations that could impact parking requirements and ordinances.

Read on: Employee Parking Laws in California