Types of Employment Law Cases We Handle

Employment issues vary widely, but the law gives workers powerful protections. Our firm handles the full spectrum of California employment claims. Each category below includes a natural internal link to the appropriate practice page. We represent employees throughout San Diego County, including downtown, La Jolla, Chula Vista, Escondido, and the surrounding communities.

Employment Discrimination

California and federal laws prohibit employers from making decisions based on protected characteristics such as race, religion, sex, pregnancy, age, disability, national origin, sexual orientation, gender identity, or medical condition. Discrimination can appear in hiring, firing, demotions, discipline, promotions, or unequal workplace treatment.

Workplace Harassment & Hostile Work Environments

Harassment that interferes with your ability to do your job is unlawful. This includes sexual harassment, abusive behavior, bullying, and environments where offensive comments or conduct are ignored or encouraged. Employers have a legal obligation to prevent and correct harassment.

Retaliation & Whistleblower Protection

Employers cannot punish workers for reporting illegal activity, discrimination, harassment, safety violations, wage theft, or other wrongdoing. Retaliation can include firing, demotion, discipline, pay cuts, or exclusion from opportunities.

Wage & Hour Violations

When employers cut corners, workers pay the price. Wage theft includes unpaid overtime, missed meal and rest breaks, off-the-clock work, misclassification, or failure to pay minimum wage. These violations often overlap with broader worker safety concerns, especially in industries where long hours or unsafe expectations lead to harm. These cases often affect many employees and may lead to class or representative actions.

Employment Contracts, Severance Agreements & Misclassification

Employees often sign contracts without fully understanding their rights. Issues may arise involving severance packages, non-compete language, breach of contract, or being misclassified as an independent contractor. Misclassified workers may be entitled to unpaid wages, reimbursements, penalties, and benefits.

Wrongful Termination

A firing is illegal when it is motivated by discrimination, retaliation, or violates public policy. Workers are often told their job was eliminated or they “weren’t a good fit,” when the real reason was unlawful. We help employees hold employers accountable and pursue compensation for lost wages, emotional distress, and other damages.

Leave Violations (FMLA, CFRA, Pregnancy Leave)

California law protects workers who take medical or family leave. Employers cannot interfere with, deny, or retaliate against workers for using legally protected leave.

Workers’ Compensation & Workplace Safety

If you were injured on the job, you may have rights under California’s workers’ compensation system. Unsafe workplaces, lack of training, or company negligence can also create additional claims.

Your Rights Under California Employment Laws

California employees benefit from some of the strongest protections in the country. These rights apply regardless of immigration status, job title, or industry. We represent employees across San Diego’s major industries, including healthcare, biotech, education, hospitality, retail, government, transportation, and service professions.

You have the right to:

• Work free from discrimination and harassment
• Receive fair wages for all hours worked
• Take legally protected medical or family leave
• Report misconduct without fear of retaliation
• Work in a safe environment
• Be paid overtime when eligible
• Receive accurate wage statements
• Have your privacy respected within legal limits, including limits on surveillance, searches, and monitoring

Understanding these rights is the first step toward enforcing them. Our attorneys can review your situation and explain the laws that apply to your case.

Compensation in Employment Law Cases

If your employer violated your rights, you may be entitled to financial recovery. The compensation available depends on the type of violation, the harm you suffered, and whether the employer’s conduct involved discrimination, retaliation, or wage violations.

Economic damages

• Lost wages and lost benefits
• Back pay and front pay
• Unpaid overtime or premium pay
• Liquidated damages and statutory penalties when available
• Value of lost promotions, bonuses, or career opportunities

Non-economic damages

• Emotional distress
• Anxiety, humiliation, or reputational harm

Punitive damages

Available in cases involving intentional misconduct or reckless disregard for employee rights.

Attorney’s fees and costs

Many employment laws allow workers to recover their legal fees if they win their case.

What to Do If Your Rights Were Violated

Taking the right steps early can protect your claim.

• Save emails, texts, memos, schedules, and performance reviews
• Document incidents with dates and names
• Keep copies of complaints submitted to HR or management
• Do not sign severance agreements before legal review
• Contact an attorney promptly to preserve your rights

How Gomez Trial Attorneys Helps Workers

We combine trial experience with compassionate client service. Our team works closely with you to understand what happened, explain your options, and build a strong case. We prepare every matter as if it could go to trial, putting pressure on employers from day one. We regularly handle employment cases arising from many of San Diego’s largest industries and employers, giving us insight into how local companies operate and how they defend these claims.

Our firm has recovered hundreds of millions of dollars for clients harmed by corporate misconduct. We bring that same determination to every employment case we handle. Our results reflect our commitment to standing up for California workers. We have secured significant settlements and verdicts in cases involving discrimination, retaliation, wage and hour violations, and harassment, including multiple six- and seven-figure recoveries for employees who were mistreated or pushed out of their jobs. Our reputation as a trial-ready firm helps us negotiate from a position of strength.

San Diego Employment Law FAQs

How do I know if I have a valid employment claim?

If you’ve experienced discrimination, harassment, retaliation, wage theft, unsafe conditions, or an illegal firing, you may have a claim. A short consultation with a San Diego employment attorney can help clarify your rights.

Can my employer fire me for reporting misconduct?

No. California law protects employees who report illegal activity, discrimination, safety violations, or wage issues.

What evidence should I collect?

Helpful evidence includes emails, texts, HR reports, witness names, pay stubs, and timelines of events leading up to the issue.

Do I have to pay legal fees upfront?

No. We only get paid if we win compensation for you.

How long do employment cases take?

Timelines vary based on complexity, evidence, and employer cooperation. Many cases resolve within months; others take longer if litigation is required.

What is the statute of limitations for employment claims in California?

It depends on the type of violation. Discrimination and retaliation claims typically require a timely complaint with the California Civil Rights Department or EEOC before filing suit. Wage and hour claims, contract disputes, and whistleblower claims each have different deadlines. A lawyer can help you determine which timeline applies.

Can undocumented workers file employment claims in California?

Yes. California law protects workers regardless of immigration status. You can pursue claims involving discrimination, harassment, retaliation, unpaid wages, and unsafe working conditions.

Should I quit my job if my workplace is hostile?

Not without speaking to an attorney. Quitting too early can make certain claims harder to pursue. A lawyer can help document the harassment, escalation, or retaliation before any employment decision is made.

How do I prove retaliation?

Evidence often includes timing (such as punishment shortly after a complaint), changes in treatment, emails, performance reviews, witness statements, and inconsistencies in the employer’s explanation.

Speak With a San Diego Employment Lawyer

If your employer violated your rights, you do not have to face the situation alone. Gomez Trial Attorneys is ready to listen, explain your options, and fight for your financial recovery and your future.

Free Consultation — No Fees Until We Win. Call (619) 237-3490 or contact us online today.