Labor and Employment Lawyer in San Diego

  • The Fee Is Free Unless You Win®.
  • America's Largest Injury Law Firm™
  • Protecting Families Since 1988
  • 20 Billion+ Won
  • 1,000+ Lawyers Nationwide

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San Diego Employment Lawyers

San Diego Employment Lawyers

Employment disputes happen in almost every workplace in San Diego and throughout California. Some of these disputes can be solved through internal processes, while others may require the attention of experienced San Diego employment lawyers. If that's what you're looking for, you're in the right place. Morgan and Morgan files the most employment disputes anywhere in the United States. All you need is a free case evaluation with us. 

Cases a Morgan and Morgan Employment Lawyer In San Diego Can Handle

As the nation's largest injury firm, we handle a wide range of employment-related cases. Here's a summary of the kind of employment cases we take on. 

Workplace Discrimination 

Have you or a loved one been discriminated against in the workplace? In that case, federal and state employment laws prohibit workplace discrimination based on protected characteristics such as race, gender, age, religion, or disability. A Morgan and Morgan employment lawyer can help fight for your rights and hold your employer liable. 

Wrongful Termination 

We also handle wrongful termination cases, where employees are fired from their jobs under illegal or unjust circumstances, such as: 

  • Reporting workplace harassment to their supervisor.
  • Requesting reasonable accommodation for a disability.
  • Taking time off for medical leave as protected by the Family and Medical Leave Act (FMLA).
  • Blowing the whistle on illegal activities happening within the workplace.
  • Filing a complaint or participating in an investigation against the company.
  • Refusing to engage in illegal or unethical activities requested by their employer.
  • Joining a labor union or engaging in protected union activities.
  • Exercising your rights under state or federal laws, such as requesting overtime pay or asserting your rights to breaks and meal periods.

If you or a loved one has been terminated due to any of the reasons described above or anything along those lines, our employment lawyer can assess the facts of your situation and determine if you have a viable wrongful termination claim. If your claim is valid, we may be able to fight for you. 

Harassment in the Workplace 

Workplace harassment, whether sexual harassment, bullying, or any other form of hostile work environment, is yet another example of an employment-related case our San Diego employment lawyers can handle. They can assist you in filing a complaint, investigating the allegations, and pursuing legal action against the responsible parties.

Wage Theft 

Some employers violate wage and hour laws by failing to pay overtime, misclassifying employees as independent contractors, or not providing meal and rest breaks as required in most jurisdictions. While this may seem like a simple violation on paper, it's one of those tactics rogue employers use to make their businesses even more profitable. Just to give you some perspective, one study found that wage theft alone costs US employers at least $50 billion annually

Closer home in California, a CBS report found that wage theft has cost employees more than half a billion dollars since 2017. So if you believe that you may be a victim of wage theft in the workplace, our employment lawyers may be able to help you recover the wages and benefits to which you may be entitled..  

Contractual Disputes 

At Morgan and Morgan, we may also be able to help if you are facing a dispute related to your employment contract. Some of the most common issues that could arise where contracts are involved include disagreements over certain clauses in non-compete agreements, severance agreements, or breach of contract. When you contact us about such a case, and we determine that you may have valid grounds to take action, we will review the terms of your contract, analyze the situation, and help you resolve the dispute through negotiation or litigation.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • What Is the Deadline for Filing an Employment-Related Claim in San Diego?

    Like most cases that fall under the personal injury umbrella, employment-related lawsuits in San Diego, CA, are time-sensitive. The exact deadline for taking legal action depends on the specific claims being made. 

    For example, claims against discrimination, harassment, and retaliation usually have a one-year deadline if you need to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). This clock begins to count from the date of the alleged incident. Once you've received a right-to-sue letter from the DFEH or EEOC, you typically have one year to file a lawsuit.

    If the case has anything to do with wage and hour claims, the deadline is three years from the date the incident occurred. This deadline covers claims for unpaid wages, overtime violations, meal and rest break violations, and other claims along those lines.  

    In wrongful termination cases, the statute of limitations is two years from the date of termination. However, as mentioned earlier, some wrongful termination claims, such as those based on discrimination or retaliation, usually have a one-year statute of limitations.

    If your employer in San Diego breached the terms of your contract and you need to take legal action against them, you have four years from the date of the alleged breach of contract to do so. 

    Unlike other claims, employment cases usually have varying statutes of limitations. That also explains why you should always consider hiring an attorney as soon as possible to avoid missing key deadlines that could impact your case. 

  • Can My Employer Retaliate Against Me for Hiring a Lawyer?

    In San Diego, you're within your rights to hire an employment lawyer if you feel that your rights have been violated in the workplace. And even when you do so, your employer cannot legally retaliate against you. State and federal laws prohibit employers from retaliating against employees for engaging in protected activities under various federal and state laws, including but not limited to the following:

    • Title VII of the Civil Rights Act
    • The Age Discrimination in Employment Act (ADEA)
    • The Americans with Disabilities Act (ADA)
    • The Family and Medical Leave Act (FMLA)
    • California's Fair Employment and Housing Act (FEHA)
  • What Are Some Signs of Employer Retaliation In the Workplace?

    Retaliation can take various forms in an employment-related case, but the most common forms of retaliation include: 

    • Termination
    • Demotion
    • Reduction in pay or hours
    • Unjustified negative performance evaluations
    • Harassment
    • Creating a hostile work environment  
    • Transferring the employee to work in a remote location away from friends and family for no justifiable reason 

    It's important to consult with an employment lawyer even if you're unsure whether your specific situation amounts to employer retaliation. After the case evaluation, your attorney will be able to tell whether you have a valid case and how best to proceed with it.

  • What Kind of Evidence Do I Need To Prove My Employment Case?

    Because each employment case is unique, the kind of evidence required will depend on what you're suing or filing a claim for. In most of the cases we've handled, we've seen the following types of evidence hold weight in settlement negotiations and even courtrooms:

    • Relevant employment-related documents, such as contracts, offer letters, pay stubs, performance evaluations, disciplinary records, written policies or handbooks, emails, memos, or any other written communication that supports the claim.
    • Contact information of any witnesses who can support the case, such as coworkers or supervisors.
    • Time records, such as proof of work hours, including start and end times, breaks taken, and any instances of off-the-clock work.  
    • Previous performance reviews, commendations, or positive feedback that may demonstrate your job performance and contradict any negative claims made by your employer.
    • Medical records if the claim involves discrimination or retaliation based on a medical condition or disability. 
    • Visual evidence, such as photographs or videos of workplace conditions, safety violations, or incidents that occurred.
    • Copies of employee handbooks, policy manuals, or other company documents that outline policies or procedures that are relevant to the claim. 

    That said, we understand how confusing it can be to choose the most relevant evidence for your case. So if you're unsure what works and what doesn't, the only thing you need is a case evaluation with an experienced employment lawyer. 

  • Why Should I Hire a Morgan and Morgan Employment Lawyer in San Diego?

    To begin with, Morgan and Morgan is the largest injury firm in the country. Our employment lawyers serve clients from coast to coast, not just San Diego. We also have powerful legal resources to fight for the rights of workers in this city, which explains why we've recovered over $20 billion as compensation for various injuries with so many cases still pending. Lastly, and most importantly, Morgan and Morgan files the most employment-related lawsuits  in the country, yet another reason to trust us with your case.

  • How Much Will an Employment Lawyer From Morgan and Morgan Charge?

    We work on a contingency basis, meaning our fee is free unless we win. This system gives you access to top-notch, aggressive, and powerful legal representation without having to worry about upfront costs, especially knowing how expensive lawsuits can be. 

  • Contact Morgan and Morgan About Your Employment Case

    California was recently named one of the most expensive states to live in, with San Diego scooping the title of the most expensive city in which  to live in the state. The bottom line is that life is already unbearable for most residents of this city and state; the last thing you want is an employer who takes your hard work for granted, violates your rights, and robs you of your hard-earned money. 

    If you or a loved one has an employment-related case, contact us today by filling out our free case evaluation form. Our San Diego employment lawyers may be able to fight for you.

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“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014

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