A Bay Employment Employment Law Specialist Ready To Help You
I am Robert S. Nelson, founder of the Nelson Law Group in San Francisco. I have extensive experience handling employment-related disputes and issues for employers and employees alike.
I have been selected to the Super Lawyers list for seven straight years beginning in 2013, and was named a “Rising Star” in employment law by the Northern California Super Lawyers Magazine from 2009 to 2012.
I have served as an adjunct professor of employment law and am a guest lecturer 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 Labor and Employment Law Section of The State Bar of California.
You can learn more about my practice areas below:
Workplace Discrimination Claims
Employment discrimination occurs when you lose your job or suffer a work detriment because of your:
- Race or color
- Sexual orientation
- National origin
- Pregnancy or family responsibilities
Being fired or denied a job because an employer thinks you are too old or because you get pregnant are examples of unlawful employment discrimination.
Sexual Harassment Claims At Work
Employers are not allowed to treat you differently due to a “protected criteria,” including race, age, gender, religion, etc. In addition, both employers and all others in the workplace are prohibited from making sexual comments or demands or offering promotions or benefits in exchange for sexual favors.
When the conditions become unbearable and you are facing a hostile work environment, you may have viable harassment claims against both your employer and the person harassing you.
Wrongful Termination And Retaliation
If an employee is punished for complaining about certain violations (including safety issues, overtime and compensation issues, and meal breaks), he or she may have options for taking legal action.
The employee can also sue for wrongful termination or when an employee is fired for any reason that violates California public policy, including discrimination, harassment or retaliation.
Pregnancy And Family Responsibilities
It is illegal to take action against an employee because she is pregnant, including firing, demoting or denying any employment opportunities. This also applies to women who plan on becoming pregnant or fulfilling family responsibilities, such as child care.
Overtime And Unpaid Wages
Although employers often think it is up to them to determine who is paid salaries versus wages and overtime, that distinction is made by law based on the work employees perform. Employers who mistakenly pay employee salaries and then require long work hours can be liable for any overtime the employees should have received, as well as meal and rest breaks and other employment benefits.
Contractors And Employees
Employers often treat employees as independent contractors, thereby depriving them of various employment benefits they may be entitled to. Distinguishing employees from contractors can be difficult, especially in California where the law in this area is rapidly changing.
Handbooks, Policies and Training
It is important that employers have up-to-date handbooks and policies for employees to follow. These rules and guidelines should be established in writing to set clear expectations upfront and minimize the risk of litigation. Employers are also required to periodically train their employees in certain areas, including harassment rules.
Schedule A Free Consultation With A Bay Area Employment Law Attorney Today
I offer a free case evaluation by telephone. Call 415-689-6590 (866-290-0424 toll-free) or contact me, a San Francisco employment law attorney, online to talk about your case. The Nelson Law Group in San Francisco is experienced and knowledgeable.