Employment law sets the stage for how employers and employees interact, dealing with everything from wages to workplace safety. For workplaces, California has some of the most progressive and extensive employee protections of any state.
Sadly, workplace inequities are still far too common, making San Francisco employment lawyers specializing in employment issues crucial to defending your rights. These experts have a deep understanding of employment litigation and are dedicated to defending employee rights.
Are you a victim of workplace wrongs such as discrimination, sexual harassment, wage and hour disputes, or wrongful termination? At King & Siegel LLP, we believe everyone has the right to a fair and equitable work environment.
Our experienced attorneys have a track record of successful results and settlements and will work tirelessly to ensure your employer treats you fairly. Contact us today and take the first step toward achieving economic justice.
What Kind of Workplace Issues Can San Francisco Employment Lawyers at King & Siegel Help With?
Our San Francisco employment law attorneys are well-versed in all areas of employment law and can protect your rights from your first day at your first job to the day you retire. Here are just a few of the types of employment issues we handle.
Workplace Discrimination
The California Fair Employment and Housing Act and federal laws make it illegal for an employer to discriminate against employees or job applicants based on their membership of a protected class. Discrimination occurs when an employer makes an employment decision based on the employee’s personal characteristics, not their qualifications. Protected classes in California include:
- Race,
- Age,
- Sexual orientation,
- Gender identity or expression,
- Marital status,
- National origin,
- Mental or physical disability,
- Medical conditions,
- Religion,
- Genetic information, and
- Military or veteran status.
Common discriminatory employment actions include termination, preferential treatment, unfair treatment, denying reasonable accommodation, not hiring someone, passing someone over for a promotion, and creating a hostile work environment.
Proving workplace discrimination can sometimes be challenging because you have to prove that the employer’s decision was motivated by discriminatory reasons. Employers do not typically put their discriminatory intent in writing or tell someone they took the action because of the person’s protected class.
Therefore, proving discriminatory intent must often be done with circumstantial evidence. For example, perhaps there is a pattern of the employer only hiring white male employees that demonstrates the employer is discriminating against other races or women in the workplace.
Our seasoned employment law attorneys can assess your case and help determine what evidence will prove your claim. We believe you deserve to work in an environment free of discrimination and will fight for that right.
Wage and Hour Disputes
As an employee, you have the right to be paid for services you provide and the time it takes to perform them. You also have the right to be paid fairly. Unfortunately, employers frequently fail to pay employees on time, or they might purposely alter information to pay them less than they are owed. Common wage and hour violations include:
- Paying less than minimum wage,
- Denying meal or rest breaks,
- Classifying workers as independent contractors instead of employees,
- Paying salaries for hourly positions,
- Making improper deductions or rounding wages,
- Not paying overtime wages,
- Paying employees late, and
- Requiring workers to work off the clock.
If you believe you may be a victim of these types of wage and hour violations, contact our employment law attorneys to help you determine what actions you need to take. It will be important to compile documentation, like paystubs, timesheets, and employment agreements, to support your claim.
Our attorneys can review the documentation and determine if you have a wage and hour violation claim and how to proceed. You may be entitled to lost wages, back pay, and damages. Your employer might also face penalties and fines for their actions. We can help you get the pay you are owed.
Workplace Safety Violations
California laws require that employers provide safe and healthy environments for their employees to work. It is your employer’s responsibility to ensure your safety at work. Common workplace safety violations include inadequate safety training, failure to address hazardous conditions, non-compliance with Occupational Safety and Health Administration (OSHA) regulations, and failure to provide protective equipment. If you report an unsafe workplace condition, it is illegal for your employer to retaliate against you.
If you have workplace safety concerns, we can help ensure your employer complies with Cal/OSHA safety regulations and tackle issues concerning dangerous work conditions.
Improper Termination
Think your employer fired you unjustly? We can investigate whether your firing broke the law and what legal steps you can take to combat a wrongful termination.
An employer cannot terminate you for discriminatory or retaliatory purposes, or because you reported unlawful conduct.
Some employees may have a contract that outlines specific terms and conditions of employment and termination that the employer and employee must follow. If the contract states specific grounds for termination or that your employment will only last for a certain period of time, those terms govern. If your employer fires you in violation of these terms, your termination may be wrongful.
Additionally, an employer may not be able to fire you if an implied contract exists. An implied contract is unwritten and is created from statements and actions of the employer that lead the employee to understand they won’t be fired at will.
Employment Contract Matters
As an employee, your employment contract is paramount to outlining your rights and responsibilities in the workplace. An employment agreement sets forth the services you are to perform, compensation you will receive, conditions for termination, where you can work, and more.
If your employer includes unfavorable terms, it can impact your ability to work or earn money. Or if your employer does not follow through with the terms of your agreement, you may have legal recourse.
We can help draft, scrutinize, and negotiate employment contracts, including non-compete agreements, and settle any disputes arising from contract issues.
Understanding Leave Laws
No one plans on getting sick or disabled, but it can happen. It can also happen to a close family member we care about. When it does, you want to be sure you understand your rights for taking time off and getting the medical support you need.
California laws protect your employment if you are facing a medical condition or illness. You have the right to take leave, to have job protection when you return to work, and to be protected from retaliation for taking leave.
We can clarify your family and medical leave rights, ensuring you understand your protections under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA).
Severance Negotiations
A severance agreement is a legal contract that outlines the terms and conditions under which an employee leaves their job. Severance agreements often include details about compensation, benefits, confidentiality clauses, noncompete clauses, and more.
These agreements are usually drafted by the employer and contain lots of confusing legal words. Additionally, employers will try to include terms that are beneficial for them but that could make your life after you leave the job much harder.
For example, if there is a noncompete clause in your severance agreement, it could prevent you from getting a similar job for years. Ready to quit? We can negotiate a severance package that meets your needs.
Whistleblower Protections
Employees who come forward to notify government agencies of wrongdoing or illegal activity in the workplace are considered “whistleblowers.” State and federal laws encourage employees to report fraud, waste, abuse of authority, health and safety threats, and violations of law in the workplace.
Whistleblowers are protected from retaliation for reporting workplace conduct they reasonably believe is unlawful. An employee is also protected if they refuse to participate in an activity that would violate state, federal, or local law.
Retaliation for reporting workplace wrongdoing may take many forms, such as:
- Termination,
- Demotion,
- Unfair write-up,
- Reassignment of duties, and
- Failure to promote.
If your employer retaliated against you, you may be entitled to reinstatement, lost wages and benefits, a civil penalty of up to $10,000 (paid by the employer), punitive damages, and damages for emotional distress.
Our firm is familiar with a wide range of whistleblower claims—from data privacy and security to insurance fraud to Securities Exchange Commission whistleblower claims.
Whether in court, mediation, arbitration, or administrative hearings, our advocates have the skills to represent you in all areas of employment law. Contact us today to discuss your needs, and let us explain how we can help.
What California Laws Protect San Francisco Employees?
Federal laws and regulations and California and city codes protect San Francisco employees’s rights. Here are several central State laws and acts:
- California Labor Code,
- California Family Rights Act (CFRA),
- Fair Employment and Housing Act (FEHA), and
- California Occupational Safety and Health Act (Cal/OSHA).
Federal laws include:
- Family and Medical Leave Act (FMLA),
- Civil Rights Act of 1964,
- Age Discrimination in Employment Act (ADEA),
- Americans with Disabilities Act (ADA),
- Employee Retirement Income Security Act (ERISA),
- Labor-Management Reporting and Disclosure Act (LMRD), and
- Fair Labor Standards Act (FLSA).
These and other laws protect wages, equal opportunities, employee benefits, bargaining and union rights, sick leave, and numerous other rights for all employees.
San Francisco Employment Attorney FAQs
What Does at-Will Employment Mean in California?
California is one of many at-will employment states. This means that the employer and the employee can terminate the employment relationship at any time, with or without cause or prior notice. Without a contract, it is presumed that employment is at will.
At-will employment lends flexibility to both parties. However, an employer cannot fire an employee for an illegal reason, such as for discriminatory or retaliatory purposes, or because you reported unlawful conduct.
How Much Do San Francisco Employment Attorneys Cost?
Discussing fee structures with your potential lawyer before hiring them is essential. It’s also important to note that while fees are a significant consideration, they should not be the sole measure for selecting legal representation.
The attorney’s track record, reputation, and communication abilities are equally critical to ensuring you receive stellar representation and maximizing your potential recovery.
That said, expenses associated with hiring employment lawyers in San Francisco can differ significantly. The lawyer’s experience level, your case’s complexity, and the lawyer or firm’s billing practices all affect the price. Some lawyers bill hourly, which typically ranges from $250 to $500, but can potentially be more.
Alternatively, some lawyers prefer a flat fee arrangement for services. And still, other attorneys operate on a contingency fee basis.
A contingency fee means that the lawyer’s payment is contingent upon winning your case, and their fee is a percentage of the settlement or judgment. Additionally, lawyers who work on a contingency fee only collect compensation when they successfully resolve your case.
At King & Siegel, we only accept employment cases on a contingency basis, meaning you only pay for our time if we recover money for you. Contact us to discuss your needs and let one of our skilled attorneys answer all your fee-related questions.
What Experience Do King & Siegel’s San Francisco Employment Attorneys Have?
Our firm’s co-founders are talented employment attorneys dedicated to ensuring fair access to legal representation.
Julian Burns King is a Harvard Law School trained lawyer who has practiced at some of the country’s biggest litigation firms. She is focused on fighting for the rights of working parents and those facing discrimination or harassment in the workplace (especially gender discrimination).
Eliot Siegel also worked at some of the country’s top litigation firms after graduating from NYU School of Law. Eliot has dedicated his career to representing employees who lack resources to protect themselves against big companies and employers. He has been named a Super Lawyer Rising Star each year since he co-founded the firm.
King & Siegel LLP Will Fight Fiercely for Your Employment Rights
We believe everyone deserves to work in an environment free from discrimination, harassment, and unfair treatment. That’s why our dedicated team of experts strives to ensure that employers treat every employee fairly and justly. We also believe that workers should have access to the same aggressive and skilled legal tactics commonly used by big companies.
And we’re proud to offer unapparelled, bold, yet compassionate representation. With our extensive experience and passion for justice, we are committed to providing the best legal services available.
Our advocates have impressive track records. Many have graduated from the top five law schools, scored impeccable AVVO ratings, and been named Super Lawyers Rising Stars—just a few of their stellar accolades. More importantly, we’ve secured millions for clients who have suffered from their employers’s misconduct.
You don’t have to put up with workplace injustices. Whether you want us to file a discrimination claim, review an employment contract, or help you understand your FMLA rights, we promise to provide compassionate, hard-hitting representation. Contact us today for a free consultation. You don’t pay unless we win.