Labor and Employment Lawyer 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. 

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)

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.

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. 

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.

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. 

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.