San Francisco Employment Law Attorneys
I am Robert S. Nelson, founder of the Nelson Law Group. I have extensive experience handling employment-related disputes and issues for employers and employees alike. I have been named a "Rising Star" in employment law by the Northern California Super Lawyers Magazine for 2009, 2010 and 2011. I am an adjunct professor of employment law at Stanford Law School. I have also written numerous published articles about employment law topics for publications such as Workforce.com, the California Chamber of Commerce and the Employment Law Section of the California Bar Association.
To discuss your case with a skilled San Francisco employment law lawyer, contact my law firm. For more information about an employment law issue, click on the relevant heading below.
Discrimination Claims
Employment discrimination occurs when you lose your job or suffer a work detriment because of your:
- Race or color
- Religion
- Sex
- Sexual orientation
- National origin
- Disability
- Age
- Pregnancy or family responsibilities
Being fired or denied a job because an employer thinks you are too old for the job is a classic example of unlawful employment discrimination.
Sexual Harassment
Harassment occurs when you are treated differently because of a protected criteria (e.g., your sex, race, religion, national origin, etc.) and the disparate treatment is so bad that it effectively changes your work environment. This is called "hostile environment" harassment.
Sexual harassment can also occur if an employer conditions an employment benefit on submission to sexual demands, such as when a boss says that he/she will not promote a subordinate unless she/he agrees to a date. This is called "quid pro quo" sexual harassment.
Wrongful Termination and Retaliation
Retaliation occurs when an employee is punished for engaging in a protected right, such as complaining about safety violations or demanding compensation for overtime or meal and rest breaks. Wrongful termination occurs when an employee is fired in any way that violates California public policy. Our state's fundamental public policies include policies to be free from unlawful discrimination, harassment or retaliation.
Pregnancy and Family Responsibilities
It is illegal to fire, demote or deny women employment opportunities because they are pregnant or planning to exercise any pregnancy-related rights (e.g., maternity leave). It is likewise unlawful to discriminate against employees because of their responsibilities to their families, either real or assumed (e.g., a person will not be able to work overtime because he/she has children).
Overtime and Unpaid Wages
Employers frequently misclassify employees as exempt from overtime requirements, which means that the employees are paid set salaries, rather than wages and overtime. If an employer mis-classifies a group of employees as salaried, it can be held responsible for paying those employees for all of the past overtime they were entitled to, plus additional fees and penalties.
Sometimes, employers pay employees less than the minimum amount required for white collar overtime exemptions, wrongfully withhold accrued wages and/or vacation benefits when employees quit or are terminated, and wrongfully deduct amounts from employee paychecks. These practices can run afoul of California wage-and-hour law and can constitute unfair business practices.
Contractors and Employees
Contractors and employees may perform the same tasks and even work in the same space, but for employment law purposes, this distinction is vital to comply with applicable state and federal laws. An independent contractor, for instance, is responsible for his or her own taxes and does not receive benefits. The contractor's status can also have an effect on whether the employer can be held liable for his or her actions.
Employment Agreements
Although California is an at-will state, many employers require their employees to sign written employment agreements, as well as nondisclosure agreements and agreements to arbitrate potential employment disputes. Having an attorney review and negotiate your employment contract can help you protect your rights.
Handbooks, Policies, Training and Advice & Counseling
Employee handbooks establish, in writing, the basic parameters of employment relationships, such as what sorts of benefits employees will receive and what standards of conduct employers will expect. Keeping your employee handbook accurate and up to date can help minimize potential litigation. This is especially important in a state with such rapidly changing employment laws as California.
Severance Agreements
Employers sometimes offer severance benefits to employees who are terminated. There are no laws requiring that severance be paid. Employers generally only pay severance when:
- They have previously agreed to (e.g., in an employment contract)
- The terminated employees have worked for a long time or
- They want to get a written release from potential legal disputes from the employee
To what extent employees can negotiate severance benefits depends on a number of factors. Having an attorney may be the difference between receiving severance benefits or not.
Free consultation with a Bay Area Disability Discrimination Lawyer
I offer a free case evaluation by telephone. Call 650-557-4746 (1-866-290-0424 toll-free) or contact me, a San Francisco disability discrimination attorney, online to talk about your case.
