San Diego Employee Rights & Protections

If you’re starting to wonder whether something happening at work “feels wrong,” you’re not alone, and your instincts might be right. Many California employees experience mistreatment, retaliation, or discrimination, but aren’t sure what their rights are or how to take action. 

At The Gould Firm, our attorneys focus on California labor and employment law, helping workers across San Diego County understand their rights and hold employers accountable. Whether you’ve faced workplace discrimination, unpaid wages, or retaliation for speaking up, our goal is simple: to protect your livelihood, your dignity, and your future. 

What Every California Worker Should Know 

California provides some of the strongest workplace protections in the nation. Employees here benefit from state laws that go beyond federal standards, offering broader definitions of discrimination, extended filing deadlines, and stronger wage-and-hour protections. Here are the fundamentals every California worker should know: 

1. The Right to a Fair and Safe Workplace 

Under the California Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act, employees are entitled to work in an environment free from discrimination and harassment. California also enforces strict workplace safety standards under Cal/OSHA. 

2. The Right to Equal Treatment 

California law protects workers from discrimination based on race, color, national origin, gender, sexual orientation, gender identity, religion, disability, age (40+), marital status, and more. Even subtle or systemic forms of discrimination are prohibited. 

3. The Right to Fair Pay 

California’s Labor Code ensures that workers are paid at least the state minimum wage, receive overtime pay, and are not misclassified as independent contractors. Employers must also provide meal and rest breaks and pay penalties if they fail to do so. 

4. The Right to Speak Up Without Retaliation 

Employees who report illegal behavior, unsafe conditions, or discrimination are protected from retaliation. That means your employer cannot demote, fire, or harass you for exercising your rights or filing a complaint. 

5. The Right to Leave and Accommodation 

California’s Paid Sick Leave, Family Rights Act (CFRA), and Pregnancy Disability Leave laws protect workers who need time off for health or family reasons. If you have a disability, your employer must engage in a good-faith interactive process to provide reasonable accommodations. 

Common Violations of Employee Rights in San Diego Workplaces 

Our San Diego employment lawyers regularly see patterns of unfair treatment that many workers don’t initially recognize as violations of the law. Some of the most common issues include: 

1. Wrongful Termination 

Being fired for reasons that violate public policy, such as reporting harassment, refusing to engage in illegal acts, or taking protected medical leave, may constitute wrongful termination under California law. 

2. Workplace Discrimination 

Even in diverse workplaces, discrimination persists in hiring, promotions, pay, and termination decisions. Discrimination doesn’t always look blatant; it can be subtle, such as being passed over for opportunities or being subjected to different standards than peers. 

3. Harassment 

From unwanted sexual advances to hostile comments about race, gender, or disability, harassment is unlawful when it creates an intimidating or offensive work environment. Employers are legally required to take immediate action upon becoming aware of harassment. 

4. Retaliation 

If you’ve spoken up about unfair practices like wage theft, safety violations, or discrimination, and suddenly face poor performance reviews, demotion, or termination, that’s likely retaliation. California law vigorously protects whistleblowers. 

5. Wage and Hour Violations 

Unpaid overtime, off-the-clock work, denial of rest breaks, or being misclassified as exempt are all serious wage violations. San Diego’s cost of living makes fair pay essential, and our firm ensures employers are held accountable. 

Key Legal Protections for California Employees 

California’s employment laws are designed to protect workers on multiple fronts. Here are three of the most critical areas: 

Discrimination Protections 

The Fair Employment and Housing Act (FEHA) sets the standard for workplace equality in California. It applies to employers with five or more employees and prohibits discrimination based on protected characteristics. Unlike federal law, FEHA offers broader coverage and longer time limits for filing complaints, giving employees more power to assert their rights. 

Harassment Protections 

California law prohibits all forms of workplace harassment, not just sexual harassment. Employers must provide mandatory harassment prevention training, take complaints seriously, and prevent retaliation against those who come forward. 

Retaliation Protections 

The California Labor Code and Whistleblower Protection Act shield employees who report wrongdoing, file wage claims, or participate in investigations. If your employer has taken adverse action against you for standing up for your rights, you may have a strong legal claim. 

When Your Employer Violates Your Rights 

If you suspect that your rights have been violated at work, here’s a simple roadmap to help protect yourself and build a strong case: 

1. Document Everything 

Keep detailed records, emails, text messages, performance reviews, pay stubs, and notes about incidents or conversations. Documentation is often critical evidence in employment cases. 

2. Review Your Employment Documents 

Your employee handbook, offer letter, and HR policies may contain information about complaint procedures, pay structures, or leave rights that can support your claim. 

3. Report the Issue  

Report the issue internally to your supervisor or HR department. Doing so can strengthen your retaliation protection if the employer fails to act appropriately. 

4. Don’t Sign Anything Without Advice 

If your employer asks you to sign a severance agreement, waiver, or settlement, don’t sign before speaking to an attorney. These documents can limit your rights or prevent you from pursuing legal action later. 

5. Contact an The Gould Firm 

The sooner you speak with a member of our team, the better your chances of preserving evidence and meeting filing deadlines. At The Gould Firm, our attorneys provide confidential consultations to help you understand your rights and options. 

Why Choose The Gould Firm for Employee-Side Representation 

At The Gould Firm, we believe that every worker deserves respect, fairness, and a safe workplace. Our firm is based in San Diego and dedicated entirely to employee-side labor and employment law, meaning we never represent employers. Here’s what sets us apart: 

• Focused on Labor & Employment Law: We handle only employment cases, giving us deep knowledge of California’s complex laws and local court systems. 
• Proven Track Record of Results: Our attorneys have successfully represented clients in settlements, mediations, and trials, recovering compensation for wrongful termination, unpaid wages, discrimination, and harassment. 
• Compassionate, Client-First Approach: We know how stressful it can be to stand up to your employer. Our team provides clear, compassionate guidance every step of the way. 
• No Fees Unless We Win: We represent employees on a contingency fee basis, meaning you pay nothing up front. We only get paid if we recover compensation for you. 
• San Diego Roots, California Reach: While based in San Diego, we handle cases throughout California, protecting workers across industries, including tech and healthcare, hospitality, and education. 

Take the First Step Toward Protecting Your Rights 

If you believe your employer has violated your rights, you don’t have to face it alone. The law is on your side, and so are we. 

Contact The Gould Firm today for a confidential consultation with an experienced San Diego employment attorney. Together, we’ll help you understand your rights, evaluate your options, and take decisive steps toward justice.