California

Employment Lawyer

What Does a California Employment Lawyer Do?

An employment lawyer handles the legal rules governing pay, hours, leave, hiring, firing, and fair treatment at work. In California those rules sit mainly in the Labor Code and in the Fair Employment and Housing Act at Government Code section 12940. Most jobs are at-will under Labor Code section 2922, so an employer can end employment for almost any reason — but not for an unlawful one, such as discrimination, retaliation, or a violation of public policy. Deadlines differ sharply by claim type, and the shortest applicable one controls.

Key Takeaways

• At-will is the baseline; the claim appears when the real reason is one the law forbids.
• Deadlines range from months to years depending on the theory — there is no single employment law deadline.
• Several California employment statutes shift attorney’s fees, which changes whether a modest claim is worth bringing.
• The state minimum wage is $16.90 an hour for 2026, and many Peninsula cities set higher local rates.
• We act for both employees and employers, though never on both sides of the same matter.

At-Will Employment and Its Limits

California is an at-will state. Under Labor Code section 2922, when a job has no set term, either side can end it at any time, with or without a reason. That often favours the employer.

At-will has real limits. An employer cannot fire someone for a reason the law forbids. Illegal reasons include discrimination, retaliation for reporting a violation, or punishing someone for using a legal right. When a firing crosses that line, it can become wrongful termination. A written contract or a clear company policy can also change the at-will default.

Five Areas of California Employment Law We Handle

Wrongful Termination

A firing is unlawful when the real reason behind it is illegal — discrimination, retaliation, or a violation of public policy. It also covers constructive discharge, where conditions are made so intolerable that quitting is the only real option. Whistleblower claims under Labor Code section 1102.5 have their own features, including a presumption of retaliation where adverse action follows protected activity within 90 days. Our California wrongful termination page covers both sides.

Wage and Hour

These are the paycheck cases: unpaid overtime, missed meal and rest breaks, late final pay, and inaccurate pay stubs. California counts overtime by the day as well as the week under Labor Code section 510, and a missed break can carry a one-hour premium under section 226.7. Read more on our California wage and hour page.

Discrimination and Harassment

FEHA, at Government Code section 12940, bans discrimination, harassment, and retaliation based on protected traits including race, sex, disability, age, and more. Employers also have a duty to prevent and correct harassment when it happens. Federal claims through the EEOC may run alongside the state ones, on a shorter clock. See our guide to workplace discrimination and harassment.

Employee Misclassification

Calling a worker an independent contractor does not make it so. The ABC test in Labor Code section 2775 presumes a worker is an employee unless the company proves all three of its parts. Getting it wrong can trigger back pay, penalties under section 226.8, and unpaid expenses. Read about employee misclassification and how we handle it on both sides.

Severance and Separation Agreements

A severance offer is a contract, and it can waive real claims. California’s Silenced No More Act limits what an employer can require, and older workers get extra time to review under federal law. We help with severance agreements, reviewing offers for employees and drafting compliant agreements for employers.

The Deadlines, Side by Side

There is no single employment law deadline, and this is where people most often lose a claim they would otherwise have had. The periods below are general rules; particular facts can change them.

Where the facts support more than one theory, the shortest applicable deadline effectively controls. That is the practical reason to get advice early, even if you have not decided whether to bring a claim.

Is It Worth It? What an Employment Case Costs

This is the question people most often want answered before anything else, so here is the straight version.

Several California employment statutes shift attorney’s fees, and that changes the economics considerably. Labor Code section 1194 allows an employee who was not paid minimum wage or overtime to recover the unpaid balance plus reasonable attorney’s fees and costs. Under Government Code section 12965 a court has discretion to award fees and costs to the prevailing party in a FEHA case. Fee provisions also appear in certain retaliation claims. The effect is that a claim worth a few thousand dollars can still be practical to pursue, because the fees are not simply eaten out of the recovery.

Employee-side matters are often handled on a contingency fee, which means no fee unless there is a recovery. Employer-side counselling and defence are usually hourly. There is also a no-cost route worth knowing about: the Labor Commissioner’s Office accepts wage claims directly, and many workers use it without a lawyer for straightforward unpaid wage disputes.

As for the odds — no lawyer can responsibly quote you a win rate, and any advertised figure describes a firm’s own selected caseload rather than your case. What actually drives outcomes is the documentation: how tight the timing is between a complaint and an adverse action, whether the employer’s stated reason shifted, how comparable employees were treated, and whether concerns were raised in writing. A first conversation is where that gets assessed, and it costs nothing.

One Firm for Both Sides

Many employment firms pick a side. We work both, and that is a real advantage. When you have argued a case from the employer’s chair, you read the employee’s claim more clearly. The reverse holds just as well.

For employees, that means honest advice about whether a claim is strong and what it may be worth. For employers, it means practical compliance and a steady defence. We keep the two sides separate and screen for conflicts before taking any matter, and we do not act for both sides of the same dispute.

Employment Matters in San Mateo and on the Peninsula

Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 works with employees, executives, and employers across the Peninsula. Civil matters for this county are generally heard in the San Mateo County Superior Court, and wage claims can also be filed with the Labor Commissioner’s Office.

Three local realities shape this work. Local minimum wages exceed the state figure in several San Mateo County cities — Belmont, East Palo Alto, Burlingame, Foster City, and Daly City among them — so an employer operating across jurisdictions carries a distinct exposure from anything in the state statute. Equity is frequently the largest item in a Peninsula separation, and its treatment sits in plan and grant documents rather than in the termination letter or severance offer. And terminations here usually arrive with a severance agreement attached, which means the decision about whether a claim exists gets made on the employer’s timetable rather than the employee’s.

Details about the office are on our San Mateo page.

How We Help

We start by listening, then explain your options in plain terms. From there, the work depends on the matter and the side.

• For employees: we review the facts, estimate what may be owed, send demand letters, file agency complaints, and litigate where needed.
• For employers: we audit pay and classification practices, update policies and handbooks, train managers, and defend claims and audits.
• For both: we negotiate settlements, and review and draft agreements, aiming to resolve disputes before they grow.

Not sure which area fits your situation? Start with a conversation. Call 877-780-4727 to talk through what happened and what your options are. The consultation is free.

This page provides general information about California and federal law and is not legal advice; reading it or contacting the firm does not create an attorney-client relationship. Wage figures, local ordinances, and procedural rules change from time to time and should be confirmed for your situation. Every case is different, and prior results do not guarantee a similar outcome.

Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/28/2026