California

Employment Lawyer

A California employment lawyer helps when the working relationship breaks down, whether you are the employee or the company. Vaksman Khalfin advises and represents both sides in wage disputes, terminations, discrimination and harassment, worker classification, and severance. Most workplace rights in California come from the Labor Code and the Fair Employment and Housing Act. This page maps the main issues and points you to the right kind of help.

Key Takeaways

• California employment law sets the rules for pay, breaks, leave, hiring, firing, and fair treatment at work.
• Most jobs are at will under Labor Code section 2922, yet an employer still cannot fire someone for an unlawful reason.
• Vaksman Khalfin represents both employees and employers, from a single paycheck dispute to a company-wide compliance review.
• Some deadlines are short, so it is worth asking early even if you are not sure you have a claim.
• Call 877-780-4727 for a free consultation.

What California Employment Law Covers

California gives workers some of the strongest protections in the country. Most of these rules live in two places: the California Labor Code and the Fair Employment and Housing Act (FEHA), found at Government Code section 12940.

Together they cover how you are paid, when you get breaks, how you can be treated, and why you can and cannot be let go. Employers carry matching duties, like paying overtime, giving accurate pay stubs, and preventing harassment. When one of those duties is broken, a claim can follow.

Common issues include unpaid overtime, missed meal or rest breaks, discrimination, harassment, retaliation, being labeled a contractor while working like an employee, and unfair firings. Each has its own rules. This page links you to the right one.

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 favors the employer.

At will has real limits, though. 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

Employment disputes tend to fall into a handful of buckets. Here are the five we focus on, each with a link to a deeper guide.

Wrongful Termination

A firing is unlawful when the real reason behind it is illegal, such as discrimination, retaliation, or a violation of public policy. It also covers constructive discharge, where conditions are made so bad that quitting is the only real option. Our California wrongful termination lawyers evaluate claims for employees and defend them for employers.

Wage and Hour

These are the paycheck cases: unpaid overtime, missed meal and rest breaks, late final pay, and inaccurate pay stubs. California rules on overtime (Labor Code section 510) and breaks (Labor Code section 226.7) are detailed and easy to get wrong. Learn more about California wage and hour claims for both workers and businesses.

Discrimination and Harassment

FEHA (Government Code section 12940) bars discrimination, harassment, and retaliation based on protected traits like race, sex, disability, age, and more. Employers also have a duty to prevent and correct harassment when it happens. See our guide to workplace discrimination and harassment claims and defense.

Employee Misclassification

Calling a worker an independent contractor does not make it so. The ABC test (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, and unpaid expenses. Read about employee misclassification and how we handle it on both sides.

Executive 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. We help with executive severance negotiations, reviewing offers for employees and drafting compliant agreements for employers.

One Firm for Both Sides

Many employment firms pick a side. Vaksman Khalfin works 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 defense. We keep the two sides separate and screen for conflicts before taking any matter.

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 when 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, review and draft agreements, and try to resolve disputes before they grow.

Employee-side matters are often handled on a contingency basis, which means no fee unless there is a recovery. Employer counseling and defense work is usually billed hourly. We explain the fee structure that fits your matter at the start.

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.