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San Francisco Employment Lawyer


Labor and Employment Law Attorneys Defending San Francisco Employees from Workplace Labor Law Violations.

Employment law issues include a wide array of issues. These issues include employment discrimination, Employee discrimination, sexual harassment, wrongful termination, retaliation, employee contract issues, payroll issues, family and medical leave issues, and more. Employment law attorneys can help any employee experiencing mistreatment in the workplace.

Federal, state, and local laws protect San Francisco area employees from any employment law violations that may occur within the workplace. They protect employees and job applicants from illegal workplace actions. When you experience employment law violations in your San Francisco workplace, you need a San Francisco employment lawyer to help you fight for your rights. A San Francisco employment lawyer will help you understand your rights under Federal and California state laws. As a result, they will help you get the justice and compensation you deserve.

What Rights Are Part of Employment Law in San Francisco?

Employment law is a catch-all phrase to address all areas of employment, including hiring, firing, time off, salary, discrimination, sexual harassment, and more. Read on to learn the eight main categories included under employment law in San Francisco.

  1. Employment Discrimination. Employment discrimination happens when an employee or job applicant becomes subjected to negative employment actions based on specific characteristics, known as protected classes. Protected classes in San Francisco include the following:
  1. Sexual Harassment. Sexual harassment is one of the most common forms of employment discrimination. Sexual harassment is a form of sex and gender discrimination. It occurs when an employee or job applicant becomes subjected to unwelcome or unwanted physical contact, sexual advances, or sexual comments at work- or work-related events. It can even occur as online sexual harassment. Sexual harassment can affect anyone in the workplace. It can occur in any of the following manners:
  1. Retaliation. One of the most egregious employment law violations includes workplace retaliation. Retaliation occurs when your employer punishes you for standing up for your rights. It can occur for any of the following legal actions you take within the workplace.
  • Refusing sexual advances
  • Refusing to participate in criminal activity
  • Agreeing to cooperate with authorities
  • Filing a complaint about violations of the law.
  1. Wrongful Termination. Wrongful termination happens every day. However, it may be difficult to prove. California is an at-will employment state. Therefore, an employer can terminate n employee for almost any reason, as long as it is not a form of discrimination or retaliation.

When an employer fires you from work based on discrimination or retaliation, they are violating laws protecting employees against wrongful termination in the workplace.

  1. Employee Contracts. Not all employment positions require an employment contract. However, some San Francisco employees have signed employment contracts. Typically, an employment contract will outline the terms of your employment, including salary, length of the contract (or employment), expectations of employment, and more.

Employment contracts hold employees and employers accountable in a specific fashion. Under most circumstances, neither party can violate the contract without special provisions.

When an employer violates an employment contract, they are violating employment laws. If your employer violates your employment contract, you have the right to contact a San Francisco employment lawyer to hold them accountable for their actions.

  1. Family and Medical Leave. Family and Medical Leave allows employees to take time off from work to care for themselves or an immediate family member who is gravely ill or injured. Under federal and state laws, employers usually cannot terminate employees while using the leave.

Under California law, employees receive paid leave to care for their family members. The law prohibits employers from terminating qualifying employees, denying them the leave, or otherwise punishing them for taking this leave.

  1. Whistleblower. Whistleblower laws are meant to protect employees who choose to notify the proper authorities of illegal activity in the workplace. The idea is to ensure these employees continue to report wrongdoing rather than fear retaliation for doing what is right.

Whistleblower lawyers help employees fight for their rights against retaliation for whistleblower actions. Furthermore, they can help employees throughout the entire process of reporting such activities within their San Francisco company.

Whistleblower lawyers also help employees in a qui tam action. A qui tam action occurs when an employee files a claim against their employer and stands in on behalf of the government. Employees filing qui tam actions are entitled to receive a portion of the money recovered in the claim.

  1. Wage and Hour. San Francisco wage and hour laws protect employees against issues such as wage theft, denied overtime pay, and more. Employers must follow specific laws relating to employees, including classifying workers as hourly or salary as provided for under the law. They must ensure employees earn at least the minimum wage ($15 per hour). If your employer violates your rights under these laws, an experienced San Francisco wage and hour attorney can help you receive the justice and compensation you deserve.
What Are Examples of Violations of Employment Laws in San Francisco? California and San Francisco employees may encounter many forms of employment law violations. Below are some examples of such violations:
  • Your San Francisco employer refuses to allow Muslim women to wear a burqa to work.
  • Your coworker continues to make comments that all women should be barefoot and pregnant in the kitchen.
  • Your supervisor thinks that you should not be allowed to post photos of your significant other on your workstation. She allows your coworkers to post photos of their significant others. However, since you turned her down several times for dates, she has targeted you regarding your dating life outside of work.
  • Your manager refuses to accommodate you for your disabilities by providing you with an office near a window. You have doctors’ notes explaining your need for natural sunlight resulting in the need for you to work near a window as much as possible.
  • Your CEO insists all women wear high heels and tight, straight-legged pants or pencil skirts to work.
  • Your employer has a strict rule that only heterosexual, married men, can sign their spouses up for health insurance.
  • Your employer will not approve your time off to marry your same-sex partner. This employer has given heterosexual couples two weeks off to celebrate their marriage without using their provided vacation time.
  • Your company’s client will only work with Caucasian employees, claiming she cannot trust any other employees with her confidential information. Your employer allows her to maintain this philosophy.
  • Your boss demotes you because you refused her sexual advances.
  • A job posting states that anyone over 55 years old needs not apply. Age does not have any impact on the ability of an employee to conduct the job duties required.
  • Your boss fires you while you are on maternity leave because he does not want any new mothers working for the company. He thinks they are not dependable employees.
  • You are a waiter. During a slow turn for the restaurant, your tips are not equivalent to the minimum wage in California. Your employer does not make up the difference in your paycheck.
  • Your boss makes you a salaried employee to avoid paying you overtime. However, your job duties do not qualify for a salaried position. Therefore, they have misclassified you and denied you overtime pay.
  • Your San Francisco employer does not hold your job or offer you an equivalent position when you return from family and medical leave.
  • Your employer pays you less than agreed in your contract. He then ends the employment terms early without a valid reason.
  • Your company of 53 employees conducts a mass layoff. However, they violated the WARN Act by not providing you with proper notice as demanded under California law.
  • Your company wants you to shred important documents that include some incriminating information. These documents have been requested by the government during an investigation. You refuse to shred these documents and report these actions to the appropriate government agency, which results in your company firing you.
  • What Laws Protect Employees in San Francisco from Employment Law Violations?

    Employees can find protections against employment law violations under federal and California state laws. Some of the laws protecting employees’ rights in the workplace include the following:

    • Title VII of the Civil Rights Act of 1964
    • The Americans with Disabilities Act (ADA)
    • The Age Discrimination in Employment Act (ADEA)
    • The Pregnancy Discrimination Act (PDA)
    • 42 U.S. §1981
    • The WARN Act
    • The Family and Medical Leave Act (FMLA)
    • The Equal Pay Act of 1963 (EPA)
    • The Genetic Information and Nondiscrimination Act (GINA)
    • The Uniformed Services Employment and Reemployment Rights Act (USERRA)
    • The Fair Labor Standards Act (FLSA)
    • The Fair Employment and Housing Act (FEHA)
    • California Paid Family Leave (PFA)
    • Wage Theft Protection Act

    What Compensation Is Available to Victims of Employment Law Violations in San Francisco?

    Employment law violations can affect a person’s livelihood. They can make it impossible for a person to pay their bills and provide for their families. Therefore, in many cases, victims of employment law violations in San Francisco are entitled to compensation to help make them whole again.

    Some employment laws provide specific measures for compensation, allowing employees to recoup back pay, front pay, and money for pain and suffering. However, some laws are up to court interpretations.

    If you experience employment law violations in San Francisco, contact an employment lawyer to learn about your rights and help you fight for the compensation the laws provide.

    Have Questions? Our San Francisco Employment Lawyers Are Here to Help. Free Consultation 415-915-4322.

    You have every right to work in an environment free from employment law violations. Stand up for your rights to work in a fair and law-abiding workplace.

    Call the experienced labor and employment lawyers at the Derek Smith Law Group in San Francisco for a free consultation.

    Your employer has the responsibility to create a workplace free from sexual harassment retaliation, whistleblower violations, wage and hour violations, employment discrimination, and other employment law violations. If your employer refuses to maintain this type of workplace, you have the right to seek legal help.

    Any cases and business handled in California are handled exclusively through Derek Smith Law Group, LLP, an entity completely distinct from Derek Smith Law Group, PLLC.

    Description: Benefit from over 25 years of employment law experience. Call the Derek Smith Law Group in San Francisco for a free consultation.

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