Frequently Asked Questions
How do I know if I should speak with an employment lawyer?
If you believe you’ve been treated unfairly at work—through harassment, discrimination, retaliation, wrongful termination, or unpaid wages—it’s a good idea to consult with an employment lawyer. Even if you’re unsure, an attorney can evaluate your situation and explain whether the law provides you with protection or remedies.How can I tell if my termination was wrongful under California law?
California is an “at-will” state, but employers cannot fire employees for illegal reasons such as discrimination, retaliation, or whistleblowing. If you were terminated shortly after complaining about harassment, requesting medical leave, or raising concerns about wage violations, your termination may be considered wrongful.What rights do I have to fair pay?
California law guarantees minimum wage, overtime pay, meal and rest breaks, and accurate wage statements. If your employer has not paid you properly, failed to reimburse work expenses, or misclassified you as exempt from overtime, you may be entitled to recover unpaid wages and penalties.What should I do if I’m being harassed or discriminated against at work?
Document the incidents, save any communications, and report the behavior internally if you feel safe doing so. You should also consult an employment lawyer early—California’s Fair Employment and Housing Act (FEHA) provides powerful protections against harassment and discrimination based on race, gender, age, disability, sexual orientation, and other protected categories.Can my employer retaliate against me for speaking up about workplace issues?
No. It is unlawful for an employer to retaliate against you for asserting your workplace rights, whether that’s reporting harassment, complaining about unpaid wages, or filing a whistleblower complaint. Retaliation can include termination, demotion, loss of hours, or hostile treatment.What if my employer says I am an “independent contractor”?
Many workers in California are misclassified. Under the “ABC test” adopted by the state, most workers should be treated as employees with full wage and hour protections. If you’ve been denied benefits or pay because of misclassification, you may have a claim.How quickly do I need to act if I want to bring a claim?
Deadlines vary. Some wage claims must be filed within three years, while discrimination and retaliation claims often require filing with the Civil Rights Department (formerly DFEH) within three years. Because deadlines are strict, it’s best to speak with an attorney as soon as possible.Do I need to pay upfront to hire an employment lawyer?
Most employment lawyers, including our office, work on a contingency basis in cases involving wrongful termination, discrimination, harassment, and wage theft. That means we only get paid if we recover money for you. For advice and compliance counseling (especially for small businesses), we may work on an hourly or flat-fee basis.What evidence should I collect if I think my rights are being violated?
Keep pay stubs, time records, emails, text messages, employee handbooks, performance reviews, and notes of conversations. The more documentation you have, the stronger your case may be. Even small details can make a big difference.Can you also help small business owners?
Yes. While we don’t defend employers in litigation, we advise small businesses on compliance with California’s complex labor laws—helping them draft policies, structure pay practices, and train managers to avoid costly disputes.