San Diego Employment Attorney

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.

“Outstanding employment law firm. Jordon Harlan is extremely knowledgeable about the law and was able to navigate a difficult employment matter for me. His communication was consistent throughout the case, and he brought calm and confidence to a stressful situation. I highly recommend Harlan Hillier DiGiacco.”

– Robert B. | Client

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 ($17.75), 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.

What to Do If Your Employer Violated Your Rights

Discovering that your company has broken the law can make you feel completely isolated. You might worry that speaking up will make you a target. If you suspect your workplace rights were violated, taking these practical steps can help protect your future:

Write Down What Happened and Save Relevant Documents

Keep a private, written timeline of exactly what happened. Note the dates, times, what was said, and who was in the room. Use your personal phone or a notebook at home rather than a company computer.

Also, save copies of anything that may help explain your situation, including emails, text messages, pay stubs, performance reviews, disciplinary notices, schedules, or written communications from your employer. 

Review Your Company’s Policies

Look at your company’s official rules for reporting misconduct. Follow their internal steps for filing a complaint, and make sure you submit your report in writing so there is a clear paper trail.

Understand Your Right to Engage in Protected Activity

California employees have the right to raise concerns about workplace conditions, discuss wages and working conditions with coworkers, report unlawful conduct, request accommodations, and participate in certain workplace investigations or activities protected by law. In many situations, an employer cannot legally punish or retaliate against an employee for exercising these rights.

Report Violations to the Appropriate Agency

Depending on the type of workplace issue involved, you may have the option to report the violation to a government agency. For example, workplace safety concerns may be reported to OSHA, wage and hour violations may be reported to the Labor Commissioner, and discrimination or harassment claims may be reported to the California Civil Rights Department. A San Diego employment attorney can help determine which agency is most appropriate for your situation.

Consider Filing an Administrative Complaint

Many employment law claims begin with an administrative complaint filed with a state or federal agency. After a complaint is submitted, the agency may investigate the matter, request information from the employer, or issue findings regarding the alleged violation. In some cases, completing this step is required before filing a lawsuit.

Speak With a San Diego Labor Lawyer

Before signing a severance agreement, accepting a settlement, or making other major employment decisions, it is often helpful to speak with an attorney. An experienced San Diego employment lawyer can review the facts, explain your options, and help you determine the best path forward.

Workplace violations carry strict legal deadlines called statutes of limitations. If you wait too long to take action, you could permanently lose your right to hold your company accountable and recover your lost earnings. Over time, crucial workplace emails get deleted, company records vanish, and witnesses are harder to track down if they move on to a new job.

If your career has been compromised, do not face this alone. Contact a San Diego employment attorney at Harlan Hillier DiGiacco today at (619) 330-5120 or fill out our private online form for a completely free, private consultation. We will listen to your story, protect your deadlines, and help you understand your options with total clarity.

Watch How Harlan Hillier DiGiacco Recently Won a $9.3M Verdict for a Wrongfully Terminated Client

Harlan Hillier DiGiacco won a $9.3 million verdict for Marilyn Buron, a 69-year-old occupational therapist wrongfully terminated while on family leave to care for her ill son. This landmark case highlights the critical need of employers to respect their workers as human beings with lives, families, and responsibilities beyond the workplace. Watch the video to see how our firm helped Ms. Buron hold her employer accountable.

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 San Diego employment law lawyer will know these laws inside and out to steer you in the right direction for your case.

How to File a San Diego Employment Law Claim

Workplace discrimination and harassment claims in California are heavily protected by a law called the Fair Employment and Housing Act (FEHA). This act makes it strictly illegal for employers to treat you poorly based on protected traits like your race, gender, age, religion, sexual orientation, or a disability. The process involves specific legal tracks depending on the type of violation you went through:

1. Meet with Your San Diego Employment Law Lawyer

Together, we will look over your messages, paperwork, or timelines. Our team will pinpoint exactly where your company crossed the line, whether they broke federal rules or violated state protections like FEHA, so we can map out a clear plan to protect your livelihood.

2. File with an Administrative Agency

Before you can file a lawsuit in court for issues like discrimination, you must file a formal complaint with a government agency. Depending on your case and specific filing deadlines, this is usually the California Civil Rights Department (CRD), which people previously called the DFEH, or the federal Equal Employment Opportunity Commission (EEOC).

3. Obtain a Right-to-Sue Notice

The agency will look at your claim and issue a document called a “Right-to-Sue” letter. This paper gives us the official clearance and green light to take your case out of the agency track and move it forward to a civil court.

4. File the Court Lawsuit

Our firm drafts and files your formal civil complaint in court, starting the litigation process to fight for the financial recovery and justice you deserve.

It is entirely natural to worry about how this might look to your current coworkers or whether a legal claim could impact your future job hunt. Those fears are real, and they stop many good people from standing up for themselves.

But if you have endured discrimination, unfair treatment, or hostility at work, choosing to protect your career isn’t just about you. It puts your well-being first and sets a boundary that can protect the next worker from going through the same pain. If you are still feeling unsure about how this process works or what your rights are, you don’t have to make any big decisions today. Just give our San Diego office a call at (619) 330-5120 or fill out our online form. We are here to answer your questions and walk through your options in a 100% free, confidential case review.

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 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.

A Step-by-Step Look at the Employment Claim Process in San Diego

We know workplace disputes can create a lot of uncertainty. One of our goals is to make sure you understand the process and what to expect at each stage. While every case has its own facts, most employment claims move through a series of similar steps:

• Case Evaluation: We begin by listening to issues around your workplace issue, examining relevant documents, and determining whether your employer may have violated California or federal employment laws.
• Investigation and Evidence Gathering: A San Diego labor attorney will collect records, review company policies, analyze emails and communications, and speak with witnesses when necessary to build the strongest case possible.
• Administrative Filings When Required: Certain employment claims must first be filed with a government agency before a lawsuit can move forward. Depending on the circumstances, this may involve filing a complaint with the California Civil Rights Department or another agency and obtaining a right-to-sue notice.
• Demand Letter and Settlement Discussions: In many cases, we send a formal demand to the employer explaining the legal violations and seeking a resolution. This gives both sides an opportunity to resolve the dispute without going to court.
• Filing a Lawsuit: If a fair resolution cannot be reached, we may file a lawsuit and begin the formal litigation process.
• Discovery: Both sides exchange evidence and information. This stage may include document requests, written questions, and depositions, where witnesses provide sworn testimony.
• Negotiation, Mediation, or Trial: Many employment cases settle before trial. If a settlement cannot be reached, we prepare your case for presentation before a judge or jury.

Spotting Subtle Retaliation: Your Company Cannot Legally Bully You into Silence

One of the biggest fears workers face is backlash. You might ask yourself: “If I report my boss, will they cut my hours, demote me, or fire me?” It is completely natural to feel frightened about this, but you should know that the law is strictly on your side here.

Under California law, employer retaliation is completely illegal. Your boss cannot punish you for exercising your workplace rights. Many employees are surprised to learn how many actions are legally protected. You may be protected when you:

• Report discrimination, harassment, or a hostile work environment
• Complain about unpaid wages, missed breaks, or overtime violations
• Request family or medical leave
• Ask for a reasonable accommodation for a disability or medical condition
• Participate in a workplace investigation
• Raise concerns about unsafe working conditions
• Report suspected legal violations or misconduct at work
• Discuss wages, hours, or working conditions with coworkers

Retaliation does not always come in the form of a firing. In many cases, it shows up as smaller actions designed to make your job more difficult or discourage you from speaking up.

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.

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.

Proudly Representing San Diego Residents

San Diego Employment Law Claims FAQs