San Diego Employment Discrimination Lawyer

Your career is your livelihood, and no one should have to endure unlawful treatment in the workplace. If you have been wrongfully terminated, experienced discrimination based on your race, gender, age, or other protected class, or faced retaliation for speaking out against illegal practices, I am here to fight for you. I understand the emotional and financial toll that employment disputes can take.

Protecting Your Rights in the California Workplace

I provide strong, strategic representation aimed at making you whole. I work diligently to investigate your claim, gather evidence of wrongdoing, and build a compelling case on your behalf. While many cases are resolved through negotiation, securing a settlement that compensates you for lost wages and emotional distress, I am always prepared to take your case to court to ensure your rights are vindicated.

Wrongful Termination

California is an "at-will" employment state, but this does not give employers the right to fire you for an illegal reason. If you were terminated in violation of public policy, in breach of a contract, or for discriminatory reasons, you may have a claim for wrongful termination.

Workplace Discrimination

It is illegal for an employer to discriminate against you based on protected characteristics such as race, gender, sexual orientation, religion, national origin, disability, or age. I represent employees who have faced discrimination in hiring, promotion, pay, or termination.Retaliation and Whistleblower Protection

If you were punished or fired after reporting illegal activity, refusing to participate in unlawful conduct, or exercising a legal right, you may be protected under whistleblower and anti-retaliation laws. I am committed to defending employees who have the courage to speak up.

Step-by-Step Guide for Employees: California Discrimination Claims

Recognize and Document the Conduct

Discrimination may be direct or subtle. Maintain a contemporaneous written log of incidents, including dates, times, involved parties, witnesses, and specific comments or actions. Detailed documentation will be crucial for both internal reporting and any subsequent legal proceedings.

Review Internal Reporting Obligations

Check your employee handbook for internal reporting procedures. When employers promulgate formal personnel policies and procedures in handbooks, manuals, and memoranda disseminated to employees, a strong inference may arise that the employer intended workers to rely on these policies as terms and conditions of their employment. See Guz v. Bechtel Nat'l, Inc., 24 Cal. 4th 317, 100 Cal. Rptr. 2d 352, 8 P.3d 1089 (2000). Reporting internally may be a procedural prerequisite and creates an important record. If safe to do so, consider submitting a written complaint via email and preserving a copy.

Understand the Administrative Filing Deadline

Before filing a civil lawsuit, employees must exhaust the administrative remedy provided by the Fair Employment and Housing Act (FEHA) by filing a complaint with the California Civil Rights Department (formerly the Department of Fair Employment and Housing). Wawrzenski v. United Airlines, Inc., 106 Cal. App. 5th 663, 327 Cal. Rptr. 3d 245 (2024). Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof. Cal Gov Code § 12960.The deadline to file an administrative complaint varies depending on the type of violation. For complaints alleging violations under Article 1 of Chapter 6 of the Government Code, the complaint shall not be filed after the expiration of three years from the date upon which the unlawful practice occurred. Cal Gov Code § 12960. However, employees should consult with legal counsel to determine the specific deadline applicable to their situation.

Preserve Evidence

Secure relevant documents such as emails, performance reviews, pay stubs, and employee handbooks, along with your personal notes. Avoid using company devices for sensitive communications regarding your potential claim. This evidence will be essential for both the administrative process and any subsequent litigation.

Seek Legal Counsel

An attorney can evaluate potential claims and advise on the administrative process. Under FEHA, employees must obtain from the Civil Rights Department a notice of right to sue in order to be entitled to file a civil action in court based on violations of the FEHA. Grant v. Comp USA, Inc., 109 Cal. App. 4th 637, 135 Cal. Rptr. 2d 177 (2003). The timely filing of an administrative complaint is a prerequisite to bringing a civil action for damages under FEHA.

After receiving a right-to-sue notice, employees have one year to file a civil lawsuit. Cal Gov Code § 12960. Legal counsel can ensure compliance with all procedural requirements and deadlines throughout this process.