Employment Law Attorneys in San Francisco

Law Firm of Brownstein Thomas offering litigation help to its clients

Brownstein Thomas, LLP represents both employers and employees in state and federal courts and arbitration proceedings in connection with wrongful termination, discrimination, harassment, and wage and hour actions as well as offer employment mediation.  Additionally, we counsel employers on all aspects of hiring, employee evaluation, disciplinary procedures, and termination, perform training seminars for employers and employees regarding employment law matters, and assist employers with creating and updating employment agreements, employee handbooks, and personnel policies governing the conduct, terms and conditions of the workplace, and the employment relationship. 

Wrongful Termination

In California, most employment relationships are "at will."  This means the relationship has no set period, and either the employer or the employee can end the relationship with notice at anytime for any reason.  An at-will employee can still be wrongfully terminated if the termination is a breach of a contract or implied contract (such as the employer's rules or employee handbook), or if the termination violates a statute or regulation, such as laws against discrimination. 

It is illegal under both state and federal law to fire an employee as retaliation for engaging in any "protected activity."  Protected activities include opposing or complaining about harassment or discrimination, filing a complaint with a government agency against the employer, or participating in a government or internal investigation. 

Discrimination

Both state and federal law prohibit discrimination against employees in the workplace for any reason, including age, gender, religion, race, ethnicity, sexual orientation, medical condition (including pregnancy), or disability. 

Harassment

Under California Civil Code Section 51.9, sexual harassment can occur between any people who possess a "business, service, or professional relationship."  Harassment includes sexual advances, solicitations or requests, demands for sexual compliance, or other verbal, visual, or physical conduct of a sexual or hostile gender-based nature that are unwelcome.  To succeed in a harassment action, the alleged victim must prove that the relationship is difficult to terminate and that he or she has suffered economic loss, personal injury, emotional distress, or violation of a constitutional right. 

Wage and Hour Law

California's labor code is among the strictest in the country for wage and overtime issues.  Workplace disputes often arise over a variety of wage and hour issues, including unpaid overtime, vacation benefits, bonuses, commissions, and inadequate breaks and meal times.  Wage and hour disputes often arise because of employers misclassifying non-exempt employees as exempt.  The Division of Labor Standards Enforcement and the Office of the Labor Commissioner handles these claims, and is a good source of additional information regarding wage and hour matters. 

Seek Experienced Legal Counsel

If you are an employer or employee in the Bay Area and are seeking experienced legal representation in an employment law matter, contact Brownstein Thomas, LLP today.