Employment Attorney in Rancho Penasquitos

California's Fair Employment and Housing Act (Government Code §12940) prohibits employment discrimination based on: race, color, religion, sex, national origin, age (40+), disability, medical condition, genetic information, marital status, sexual orientation, gender identity/expression, and veteran status. FEHA applies to employers with 5+ employees. Unlike federal law, FEHA has no cap on damages. A Rancho Penasquitos employment attorney can evaluate your discrimination claim.

Common California wage and hour violations include: not paying overtime for hours over 8/day or 40/week, missing meal breaks (30 min after 5 hours), missing rest breaks (10 min per 4 hours), misclassifying employees as independent contractors under AB5, not paying all wages at termination, not providing accurate wage statements (Labor Code §226), and not paying for all time worked including pre-shift setup. PAGA allows employees to recover civil penalties on behalf of themselves and other workers.

The Private Attorneys General Act (Labor Code §2699) allows California employees to sue their employer on behalf of themselves and other 'aggrieved employees' for Labor Code violations. 75% of penalties go to the California Labor and Workforce Development Agency; 25% go to employees. PAGA creates significant exposure for employers and strong recovery for workers — even for violations as technical as inaccurate wage statements. A Rancho Penasquitos employment attorney can evaluate PAGA violations.

California is an at-will employment state — employers can generally terminate without cause. However, wrongful termination occurs when: you're fired for a protected characteristic (FEHA), in retaliation for whistleblowing (Labor Code §1102.5), for exercising a legal right (jury duty, voting, CFRA leave), or in violation of an implied contract. The WARN Act also requires 60 days notice for mass layoffs. A Rancho Penasquitos employment attorney can determine if your termination was wrongful.

For wage theft, file with the California Labor Commissioner's Office (DLSE). For FEHA discrimination/harassment, file with the California Civil Rights Department (CRD) — you must receive a Right to Sue letter before suing in court. Deadlines are critical: FEHA claims must be filed with CRD within 3 years of the violation. A Rancho Penasquitos employment attorney can guide you through the administrative process and, if needed, file a civil lawsuit.