Both California and federal laws aim to protect employees, but there are key differences. California often offers broader protections and rights for workers. For instance, California's minimum wage and overtime rules are more expansive than federal regulations. Additionally, while both jurisdictions prohibit discrimination and harassment based on specific protected categories, California recognizes a wider array of protected characteristics, such as gender expression and marital status. Also, California's Family Rights Act provides certain leave rights that are distinct from the federal Family and Medical Leave Act. Consult with a San Diego employment attorney familiar with both sets of laws to understand your rights and any potential claims fully.

If you believe you've been wrongfully terminated, take immediate steps to protect your rights. Begin by documenting all relevant events, conversations, and correspondence leading up to your termination. Save emails, text messages, or any other form of communication. Avoid discussing the matter on social media or with colleagues, as it may complicate your case. An experienced employment attorney can provide guidance on the legal aspects of your situation, inform you of your rights, and outline potential steps for recourse.

Workplace discrimination occurs when an employer treats an individual unfavorably based on certain protected characteristics. In California, these protected categories include race, color, national origin, religion, gender (including pregnancy, childbirth, and related medical conditions), disability, age (40 and older), citizenship status, marital status, sexual orientation, gender identity, gender expression, and genetic information, among others. Discrimination can manifest in various employment decisions, including hiring, firing, promotions, training opportunities, wage practices, and more. Remember that subtle forms of discrimination, like bias in assignments or training opportunities, can be just as illegal as more overt acts. Our attorneys will hear your story with sensitivity and full confidentially, ensuring that your rights are protected, and your needs are advocated for at every stage of your case. 

If you experience workplace harassment, you should first understand that you are in no way to blame for what happened. However, by documenting the harassment in detail, including dates, times, locations, witnesses, and the nature of each incident, you can empower yourself to seek justice for this wrongdoing. Whenever possible, communicate your discomfort or objections to the harasser directly, provided you feel safe doing so. Report the behavior to your immediate supervisor, human resources department, or as directed by your company's anti-harassment policy. Ensure your report is in writing, and keep a copy for your records. Finally, consult with an employment attorney as soon as possible to understand your legal options and rights.

Both California and federal laws provide strong protections for employees against retaliation. It's illegal for employers to retaliate against employees for engaging in "protected activities," which include filing a complaint about discrimination or harassment, participating in an investigation or lawsuit related to such claims, or opposing discriminatory practices. Retaliation can take many forms, such as demotion, reduction in pay, negative performance reviews, increased scrutiny, or exclusion from training or career advancement opportunities. If you've been retaliated against, document all relevant incidents and consult with an employment attorney right away. Legal timelines for addressing retaliation can be tight, and working with a lawyer experienced in workplace law will ensure that you can act decisively.