Employment Law

San Diego Employment Law Attorneys

Unlawful Treatment by an Employer

Employees in San Diego County and throughout California are entitled to a safe workplace free of harassment, hostility, discrimination and retaliation. Unfortunately, some employers take advantage of their employees by breaking federal and/or state laws. The attorneys of the highly experienced employment law team at Coast Law Group seeks to ensure their clients are treated appropriately in the workplace and that they are fairly compensated when laws are violated.

Workplace Discrimination in San Diego County

The California Employment and Housing Act provides remedies and rights for individuals subject to discrimination by employers or potential employers. Our lawyers regularly represent employees in asserting violations of the FEHA and other state and federal laws such as the Civil Rights Act of 1964.

Employees are protected from discriminatory practices in the workplace, including when such practices affect hiring or promotion. Illegal discrimination may occur if an employee is treated differently than others based on their:

• Race
• Gender
• Age (over 40)
• Religion
• Ethnicity or national origin
• Disability
• Pregnancy
• Sexual orientation

There are many facts and laws to be considered in a case of suspected workplace discrimination. Call Coast Law Group to have an experienced employment attorney evaluate your case.

Workplace Wage and Hour Violations

Employees in California are protected by both state and federal laws, including the federal Fair Labor Standards Act (FLSA). Employees subject to such protection may be entitled to significant compensation when an employer engages in any of the following practices:

• Misclassifying an employee as an independent contractor
• Failing to pay minimum wage
• Failing to correctly calculate and divide tips
• Failing to provide paid break periods
• Making improper salary deductions
• Failing to pay for job-related travel time
• Failing to pay overtime to non-exempt employees
• Improperly calculating overtime pay
• Requiring that employees work during break periods

If your employer has engaged in any of these practices, or you believe you have experienced other wage and hour violations, call Coast Law Group to speak with a San Diego employment lawyer.

In 2019 22,584 complaints were filed and 710 cases were settled, with $14.8 million received by victims of discrimination.

What Constitutes Sexual Harassment in the Workplace

As with discrimination, both federal and California law prohibit job-related sexual harassment. The law recognizes that sexual harassment comes in a variety of forms, all of which are illegal in the work environment.

While unwanted physical contact is an obvious example of sexual harassment in the workplace, harassment often occurs without any touching at all. Sexual harassment can include both physical and verbal harassment such as:

• Sexual assault or groping
• Unwelcome touching, hugging or kissing
• Unwanted advances or efforts to date
• Stalking behavior (gifts, texts, phone calls, following, etc.)
• Pornography or offensive images
• Sexually explicit jokes, pranks or language
• Catcalls or comments about one’s body

Unwanted sexual behavior in the workplace often makes it difficult, if not impossible, for a victim to effectively perform his or her job duties. It can also have long-lasting detrimental effects on a victim’s mental, emotional and physical health. Hostile work environments are illegal and a California employment attorney should be contacted immediately when harassment occurs.

When experiencing workplace harassment at a place of employment, it’s critical for you to have experienced attorneys on your side.  Get a hold of us today at (760) 942-8505 to get the process started.

Retaliation

Employees who report suspected violations of law to management are legally protected from retaliation. This means that if you express concerns about your legal rights – such as seeking overtime pay, objecting to work during rest breaks or reporting discrimination or harassment, your employer may not demote, fire, or otherwise punish you. If you believe you have been subjected to retaliation, contact a San Diego employment lawyer immediately.

Wrongful Termination

Most workers in California are considered at-will employees. This means employers typically have wide latitude in the hiring and firing process. But sometimes employees are terminated for illegal reasons such as when an employer engages in discrimination or retaliation.

Both California federal laws make it illegal to terminate an employee on the basis of age, race, ethnicity, religion, gender, sexual orientation, disability or pregnancy. It is also considered wrongful termination when an employee is fired for reporting suspected illegal activity, reporting sexual harassment, claiming discrimination or filing a workers’ compensation claim.

Despite these legal protections, sometimes employers fabricate a pretext for firing a worker. For example, the employee may suddenly receive a poor performance review or be written up for violating company policies. Coast Law Group’s experienced employment lawyers know how to expose these practices and help wrongfully terminated clients pursue justice and fair compensation.