San Diego Employment Lawyer

Employment laws govern our day-to-day rights as we go about earning our living. If your employment rights have been violated, you may be entitled to significant compensation for your losses.

When you are at work, you expect a certain degree of professionalism from your boss, your co-workers, and others around you. Employment laws are there to make sure those expectations are met, covering everything from wages and safety to benefits.

However, reporting a problem at work can be stressful and uncomfortable. That’s where a San Diego employment lawyer comes into play — they can handle the situation for you and work to get the ideal remedy for your losses so you can focus on your career without added concerns.

At Harlan Hillier DiGiacco, we’ve handled hundreds of San Diego employment law cases. Our team isn’t afraid to tackle the most complex employment matters while at the same time providing personal service and attention to our clients. 

Reach out to us online or call (619) 330-5120 for a free consultation to learn about your employment rights and legal options.

The average American will spend 90,000 hours at work over a lifetime. You shouldn’t have to spend so much of your time in fear or discomfort if you’re dealing with workplace problems.

A San Diego labor law lawyer will uphold and defend your basic rights, so you can provide for yourself or family in peace.

What Is Employment Law?

Employment law is a set of laws that manage the interactions and relationships between employees and employers. It outlines the rights and duties of both sides and also covers how employees should get along with each other. Employment law touches on many important issues, including but not limited to: 

• Safety in the workplace.
• Hours of work.
• Wages and benefits.
• Harassment and bullying.
• Discrimination.

Employment laws also involve a broad range of laws and regulations from various levels of government. For instance, they may involve laws stemming from the federal, state, and local levels. These laws help businesses and workplaces operate ethically and fairly. 

What Are My Rights as a Worker in San Diego?

In California, and especially in San Diego, workers are protected by a wide range of laws designed to ensure fair treatment and a safe work environment. Here’s a look at some key protections that help keep your workplace rights secure in San Diego: 

• Breaks: Under California law, non-exempt employees are entitled to one unpaid 30-minute meal break, and two paid 10-minute rest breaks, during a typical 8-hour shift.
• Overtime Pay: Any hours worked over eight in a day or 40 in a week should be paid at least 1.5 times your regular rate under San Diego law.
• Sick Leave: In San Diego, employers must provide earned sick leave to employees, accruing at least one hour for every 30 hours worked. Sick leave can be capped at 80 hours, and any unused leave must be carried over to the next year.
• Minimum Wage: In San Diego, employers must pay at least the city’s minimum wage ($16.85), which is higher than the state and federal levels.

Between 1 and 1.5 million workers in San Diego, Los Angeles, San Francisco, and San Jose are affected by minimum wage violations. Minorities and young people are affected three times more.

This is just a brief overview of your basic rights as a worker in San Diego and how, for many, these rights have been violated.

Our San Diego employment attorneys can defend you in any violations of these and can also protect you in cases involving discrimination, harassment, retaliation, and wrongful termination.

“Harlan Hillier DiGiacco was a great professional firm to work with. Jordon and Taylor were always responsive and made sure to communicate every single detail of my case with me. They really went above and beyond to put my best interest first and still kept in touch even after my case was finalized. I would definitely recommend Harlan Hillier DiGiacco to anyone looking for an employment law attorney.”

– Client, Kaylen Abowzid

How Can a San Diego Employment Law Attorney Help with My Case?

An experienced team of San Diego employment attorneys will use their knowledge and resources to help protect your rights. Trying to resolve an employment dispute on your own without an attorney will be difficult.

Even if your situation is seemingly straightforward, there’s often a lot of paperwork, back-and-forth negotiations, and meetings to attend.

Also, in some cases, you might have to deal with administrative agencies like the Equal Employment Opportunity Commission (EEOC).

Therefore, it’s a smart decision to partner with a San Diego employment lawyer who can walk you through every step of your claim. A lawyer can remove stress from your case and boost your chances of success by:

• Reviewing the facts and circumstances surrounding the employment violation you suffered.
• Researching the employment laws that apply to your case.
• Gathering important information, documents, witness statements, and records that can be used as evidence.
• Creating a strong legal strategy for your case.
• Negotiating and arguing on your behalf for a fair remedy or payout.
• Checking in on you to ensure all matters tied to your case are resolved.

Employment laws are highly detailed and may vary from location to location, even within the same state. A qualified lawyer will know these laws inside and out to steer you in the right direction for your case.

Do I Need to Hire a San Diego Labor Law Attorney?

Technically speaking, no, you are not mandated to work with a lawyer on these cases. That said, these cases require a lot of time, energy, and an in-depth understanding of employment law, which makes handling your claim alone extremely difficult. 

Also, the data on the benefits of hiring a lawyer speaks for itself. A 2016 Martindale-Nolo study surveying personal injury survivors recorded these enlightening facts about the difference a lawyer made in their cases: 

• People with legal representation received an average of $77,600 in compensation, compared to $17,600 for those who handled their own claims.
• More than nine out of ten people who had a lawyer received a settlement or award, compared to about half of those who handled their own injury claims.
• Those who had a lawyer and negotiated their settlement received an average of $30,700 more than those who accepted the insurance company’s first offer.

Although the survey is about personal injury cases, it shows how valuable a lawyer can be for any type of legal issue, including employment law. An attorney’s commitment and knowledge can make a significant difference in your workplace case.

“We know that if you’re being mistreated at your workplace, it affects more than just your job—it risks your livelihood, mental and physical health, and future career. We won’t stand for power imbalances or anyone treating you unfairly at your workplace when so much is at stake.” 

• Jordon Harlan
  Founding Partner

What Types of Damages Can an Employment Lawyer in San Diego Recover for Me?

In an employment lawsuit, “damages” are the money you get if you’ve been wronged by someone else’s actions. How much you get depends on things like what happened and how it affected you.

Types of damages commonly awarded in an employment law case include:

• Back Pay: Payment for wages or salary that the employee would have collected if they were not subjected to unlawful conduct.
• Front Pay: This covers payment for loss of wages in the future.
• Fringe Benefits: This provides compensation besides wages, such as retirement plans, health insurance, and other lost benefits.
• Tax Compensation: Damages can often cover amounts owed in taxes in connection with a lump sum payment.
• Economic Damages: These can cover tangible, calculable losses such as those connected with medical bills in the event of an injury.
• Compensatory Damages: This category of financial compensation can cover costs like pain and suffering, trauma, emotional distress, and other non-economic costs.
• Punitive Damages: These are damages that are intended to “punish” the other party in the event of particularly negligent conduct, or for intentional violations.

The availability of damages depends on the laws and regulations that apply to your case. The skill and experience of the attorney handling the lawsuit can also influence how much you get. That’s why it’s important to choose an attorney with the right background for the case.

At Harlan Hillier DiGiacco, we have a proven track record of returning significant verdicts and settlements on behalf of our employment law clients.

At Harlan Hillier DiGiacco, we get that an employment dispute can be tough on every part of your life—emotionally, physically, and financially. We’re not just here to tackle the legal stuff; we are truly invested in your unique situation and want to offer you genuine support and personalized advice every step of the way.

Contact us online or give us a call at (619) 330-5120 to set up a free, no-obligation consultation to discuss your employment case.

Common Employment Law Issues a San Diego Labor Law Lawyer Handles

Employment law covers a range of legal issues, and they often overlap in real-life disputes. Below, we’ll dive into some common problems you might face at work. Remember, many employment disputes involve several of these issues all at once.

Employment Discrimination

Employment discrimination happens when you’re treated unfairly at work because of who you are, like your race, age, religion, or gender. Laws like Title VII of the Civil Rights Act of 1964 protect people from this kind of unfair treatment.

Discrimination can happen at various stages, including hiring, promotions, termination, and other settings. Important anti-discrimination employment laws include:

• The Equal Pay Act: Protects employees from wage and benefit discrimination based on gender categories
• Age Discrimination in Employment Act: Prohibits employers from discriminating based on age
• Americans with Disabilities Act (ADA): Makes it illegal to discriminate based on an employee’s disability. It also requires employers to provide “reasonable accommodations” (such as wheelchair ramps) for employees who have disabilities
• The Pregnancy Discrimination Act: This created an amendment to Title VII, which prohibits discrimination against an employee based on pregnancy or a condition related to pregnancy/childbirth
• Genetic Information Nondiscrimination Act (GINA): Bans discrimination based on the use or application of genetic information

Discrimination is a complex employment law issue that can affect many workers at once and is best handled with the assistance of a lawyer.

Harassment and Workplace Conduct

Besides issues like wages, hours, and benefits, employment laws also aim to ensure proper conduct between employers, employees, and other workers. Employees are entitled to a workspace that is safe and involves courteous, humane interactions between employees.

Violations in this category can involve:

• Harassment and sexual harassment
• Hostile work environment
• Discriminatory conduct
• Offensive office culture
• Workplace violence
• Bullying, either by an individual or a group
• Off-color jokes
• Emotional abuse
• Sabotaging another’s work product

Various parties can be held liable for workplace conduct violations, including employers, other employees, contractors, and other persons. Multiple people could be involved in a single incident.

For instance, if an employer fails to take steps to reprimand or punish an offending co-worker, both could be held liable. 

Wage Disputes

Employment laws cover various aspects of an employee’s compensation, whether it be wages, salary, or a contract payment. An employment lawyer may be needed for wage disputes, such as: 

• Unpaid wages
• Minimum wage issues
• Withheld or late paychecks
• Overtime pay disputes
• Disputes over the amount of wages or the wage rate.
• Wage fraud
• Wage garnishment disputes (when the employee’s wages are diverted to pay off a creditor)

One of the main laws governing wages is the Fair Labor Standards Act (FLSA). This law sets standards for minimum wages, overtime pay, and work hours in general. FLSA violations can be serious and can cost the employee large amounts in missed wages.

Hours and Overtime

This area of employment law deals with how many hours an employee can legally work and what their pay rates are during normal working hours and overtime hours. While it may seem straightforward, calculation of hours and overtime can actually get very confusing.

For instance, in California, the general rule is: eight hours constitutes a normal workday; any employment that lasts beyond eight hours in a workday, or beyond six days in a workweek requires that the employee be paid overtime rates (usually one and a half times their normal pay rate).

Besides these calculations, there are all types of qualifiers and exemptions as to who can be classified for overtime pay. If you have any questions about your hours and rates, contact an employment lawyer at Harlan Hillier DiGiacco, online or call (619) 330-5120. 

Employment Benefits

Employment and labor laws also cover the many different types of benefits that are provided for employees. These can include:

• Retirement and pension plans
• Social Security coverage
• Health insurance and life insurance packages
• Reimbursement for school tuition
• Access to stock options or other securities
• Cafeteria or food plans
• Gym memberships
• Unemployment benefits
• Other types of perks and benefits

Any type of violation that interferes with an employee’s access to benefits can be cause for a lawsuit. When added up, benefits can amount to substantial figures, and such claims can often involve very high losses for the employee.

Workplace Safety

Workplace safety laws exist to provide employees with a safe working environment and to protect them from work site hazards. Workplace safety violations can include:

• Failing to provide proper protective equipment
• Not having proper emergency action plans or evacuation routes
• Violating industry-specific standards, such as those required for the construction industry
• Lack of protection against environmental hazards such as fumes
• Not providing training or education regarding occupational diseases (illnesses or conditions that are associated with a specific line of work)

Workplace health and safety claims are often processed through government administrative agencies, such as the Occupational Safety and Health Administration (OSHA). 

However, agencies like OSHA can have many requirements and steps when dealing with them, and the guidance of a lawyer is recommended when filing an OSHA claim.

Family and Medical Leave

In the event of illness or emergencies, employees should be able to take time off without fear of losing their jobs or benefits. Employment laws provide various protections with regard to taking leave for personal, family, or medical reasons.

In California, employees are entitled to various protections with regard to family, medical, and parental leave. For instance, the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) allow employees to take up to 12 weeks of unpaid leave for family or medical reasons.

That is, employers cannot fire employees for taking the leave they are entitled to under such laws. Violations of these laws can form the basis of a lawsuit against your employer.

Wrongful Termination

Wrongful termination involves being fired or removed from your position in a way that violates employment or labor laws. This can happen in a number of ways, including:

• Being fired for refusing to do illegal conduct
• Termination based on discrimination (such as being fired solely for your race)
• Being terminated for requesting valid medical leave
• Illegal firing based on violations of an employment contract
• Termination after an employee requests an accommodation for a disability

Also, employers cannot fire you if you acted as a whistleblower (filed a report for wrongdoing you observed at your work). This is known as retaliatory discharge and is illegal under wrongful termination laws.

There are many other types of employment law violations and legal issues, such as those involving contracts, non-compete agreements, tax disputes, and even immigration concerns.

If you’re unsure about your employment rights or think your rights are being violated at work, contact the San Diego employment attorneys at Harlan Hillier DiGiacco. Our team is on hand to provide you with the most personal care and attention for your case.

Successful Outcomes Harlan Hillier DiGiacco Has Won for Our Clients

At Harlan Hillier DiGiacco, we pride ourselves on being fully accessible to our clients every step of the way, offering personalized attention that drives successful outcomes. 

Our commitment to this level of service has helped us secure impressive settlements for our clients. Here’s a look at some of our standout victories in employment law:

• $9.36 Million Settlement: Marilyn Buron, a 69-year-old therapist, was wrongfully terminated from her job-protected leave to care for her disabled son and replaced by a less qualified younger employee.
• $450,000 in a case involving sexual harassment in the workplace.
• $220,000 for a client who suffered wage and hour violations. 

Contact an Employment Attorney in San Diego at Harlan Hillier DiGiacco

Your job is more than just a paycheck—it’s how you support yourself and your family. When you face workplace injustice, it’s not just an issue at work; it can ripple through your entire life and impact your loved ones.

Workplace violations can lead to serious consequences, like losing your job or suffering financial ruin. If you think your rights have been trampled on, don’t wait. Reach out to an experienced employment law attorney right away to discuss your situation. Your well-being and future are too important to leave to chance.

Proudly Representing San Diego Residents

Why Hire Harlan Hillier DiGiacco

At Harlan Hillier DiGiacco, we take a client-centered approach to employment law cases. Our aim is to relieve you of your worries and reassure you that your rights are being restored.

We have years of experience handling workplace discrimination, harassment claims, wage and hour cases, wrongful termination, and many other employment law issues, recovering millions in compensation for our clients.

Please reach out to us and contact us online or at (619) 330-5120. We can set up a free consultation where we can review your case, no strings attached.

San Diego Employment Law Attorney FAQs