California Employment Lawyer

Your job should be a place where you are paid fairly and treated with respect. When an employer breaks that trust, the law is on your side. California has some of the strongest worker protections in the country, and a California employment lawyer at Malk Law Firm can help you use them.

We represent employees, never employers. Whether you were sexually harassed, discriminated against, denied your wages, or punished for speaking up, we can review what happened and explain your options at no cost. The sooner you know where you stand, the easier it is to protect your job and your record.

We handle a range of workplace claims under state and federal law. These are the main areas we focus on.

Sexual Harassment

Sexual harassment is a form of sex discrimination, and it is illegal under California’s Fair Employment and Housing Act (FEHA). It can look like a supervisor pressuring you for dates, a coworker who will not stop with the comments or touching, or an employer that ignores your complaints. It does not have to be physical, and it does not have to happen more than once to matter. This is the heart of our practice. Learn more on our sexual harassment page.

Workplace Sexual Assault

Unwanted sexual touching at work crosses the line from harassment into assault. If you were grabbed, groped, or assaulted by a supervisor, coworker, client, or customer, you may have a claim against your employer for allowing it to happen. You can pursue that claim whether or not you also report the assault to the police. See our workplace sexual assault page.

Workplace Discrimination

Under FEHA, an employer cannot treat you worse because of a protected characteristic. That includes your sex or gender, race, age, disability, pregnancy, religion, sexual orientation, gender identity, and national origin. Discrimination can affect hiring, pay, promotions, discipline, and firing. It can be obvious, like a slur, or quiet, like being passed over again and again while less qualified coworkers move up. Visit our workplace discrimination page to learn more.

Workplace Retaliation

Your employer cannot punish you for reporting harassment or discrimination, filing a complaint, or taking part in an investigation. Retaliation can mean being fired, demoted, written up, or having your hours or pay cut after you spoke up. It is one of the most common claims we see, because employers often react to a complaint instead of fixing the problem. Read more about workplace retaliation.

Whistleblower Protection

Employees who report illegal activity are protected under state and federal law. If you were punished for reporting fraud, unsafe conditions, or other unlawful conduct, you may have a claim, even if you reported the problem only to your own manager. See our whistleblower protection page.

Unpaid Wages and Overtime

You must be paid for all the time you work. Common violations include unpaid overtime, off-the-clock work, missed meal and rest breaks, and being misclassified as exempt or as an independent contractor to avoid paying you correctly. Small amounts add up fast when they happen every shift. Learn more on our unpaid wages and overtime pages.

Wrongful Termination

California is an at-will state, but your employer still cannot fire you for an illegal reason, such as discrimination, retaliation, or refusing to break the law. Being at-will does not give your employer a free pass to fire you for a reason the law forbids. See our wrongful termination page.

Class Actions and PAGA Claims

When an employer cheats a whole group of workers the same way, one case can cover everyone affected. We handle class action cases and PAGA claims, which let employees bring labor code violations on behalf of the state.

It is not always easy to tell when a bad situation crosses into an illegal one. These are some of the warning signs worth a closer look:

• Comments or jokes about your sex, race, age, religion, or disability.
• Being left out of meetings, raises, or promotions you earned.
• Sudden discipline right after you reported a problem.
• Paychecks that do not match the hours you actually worked.
• Denied breaks you are legally entitled to take.

If any of these sound familiar, it is worth talking to a lawyer before you decide what to do next.

A few steps can protect you and make your case stronger:

• Write it down. Keep a record of what happened, with dates, times, and who was there.
• Save the proof. Hold on to emails, texts, pay stubs, and schedules, and keep copies somewhere your employer cannot reach.
• Report it in writing. If your company has a complaint process, use it, and keep a copy of what you send.
• Watch the deadlines. Different claims have different time limits, and some are shorter than you would expect.
• Talk to a lawyer. A California employment lawyer can tell you where you stand and handle the next steps for you.