Employment Law

San Diego Employment Lawyer Donald A. Green is experienced in numerous areas of employment law. This is a broad area including all aspects of employment, from wage and hour violations, to fair employment, to discrimination and wrongful termination. This is such a large area of law that there is an entire labor code devoted to it.

Our offices represent clients before the Equal Employment Opportunity Commission (“EEOC”) and the Department of Fair Employment and Housing (“DFEH”) and pursue violations of the labor code in civil court. We have sought and obtained remedies for violations of labor laws, discriminatory pay and treatment, and wage and hour violations. Employers must comply with legal mandates, and in California there are many.

While many laws protect and favor employees, It’s a bit of a catch-22, however, because many laws also favor the employers. For example, California is an “a-will” state which means that employers can hire you and fire you for whatever reason they want unless discrimination can be proven. Therefore, unless there is an agreement that the employer would only terminate an employee “for cause”, all they need to come up with is a sound reason for their business decision. This is why its so important to retain competent counsel when there is a labor law violation. Employment law, more than most areas of law, requires not just proof of the “facts”, but “proof of “intent”. In other words, it is often necessary to get in the head of the employer to disprove claims of sound rational business decisions in order to prove claims of discriminatory conduct. And “discriminatory” is the magic word because in order to be protected under the law in California against discriminatory conduct or wrongful termination, one must fall into a protected class: age, sex, handicap, gender, race.

Click on any of the areas to the left for more specific information about each of these claims.

If you or someone you’re close to feel you’ve been taken advantage of by your employer, contact our offices for a free evaluation today.