If you work in California, you have some of the strongest job protections in the country. A California employment lawyer helps you use them. Kingsley Szamet Employment Lawyers represents employees only, and your first consultation is free. This page covers state law and state agencies. For the national picture, read our general guide to employment lawyers.
What a California employment lawyer does
California rules are detailed, and many deadlines are short. A lawyer takes that weight off you. We read your facts, tell you which laws apply, and build the proof.
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We review your pay stubs, emails, performance reviews, and termination papers.
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We file complaints with the California Civil Rights Department, the Labor Commissioner, or the EEOC.
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We send a demand to the employer and negotiate with its lawyers.
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We file suit in California Superior Court or federal court when the employer won't make a fair offer.
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We read severance and arbitration agreements before you sign them.
Most employers have lawyers on call. You should have one too. Our guide on what an employment lawyer costs explains how contingency fees work.
California employment laws that protect you
Four groups of laws do most of the work in California employment cases.
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The Fair Employment and Housing Act (FEHA) bans discrimination, harassment, and retaliation. It covers employers with five or more employees, and its harassment rules cover every employer.
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California labor law sets the rules for pay. That covers overtime, minimum wage, meal and rest breaks, final paychecks, and expense reimbursement.
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The California Family Rights Act (CFRA) protects job-protected medical and family leave.
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Whistleblower and public policy laws protect workers who report illegal conduct or refuse to break the law.
FEHA doesn't cap damages for emotional distress. Federal law does. That gap alone can change what a case is worth. For a quick check of your own situation, read our list of things your boss cannot legally do.
California employment cases we handle
Each case type below has its own California page. Each one explains state law, deadlines, and the agencies involved.
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California wrongful termination lawyers for illegal firings, layoffs, and forced resignations.
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California discrimination lawyers for unequal treatment because of a protected trait.
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California sexual harassment lawyers for unwanted sexual conduct at work.
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California hostile work environment lawyers for ongoing harassment that makes work unbearable.
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California workplace retaliation lawyers for punishment after you spoke up.
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California whistleblower lawyers for workers who reported illegal conduct.
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California wage and hour lawyers for unpaid overtime, wages, and missed breaks.
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California FMLA and CFRA lawyers for denied or punished medical and family leave.
How California law differs from federal law
Many workers assume federal law is the main rulebook. In California, it's often the weaker one. The table below shows the biggest gaps.
|
Issue |
Federal law |
California law |
|
Discrimination rules cover employers with |
15 or more employees (Title VII) |
5 or more employees (FEHA) |
|
Harassment rules cover employers with |
15 or more employees |
Every employer |
|
Job-protected medical and family leave |
50 or more employees (FMLA) |
5 or more employees (CFRA) |
|
Cap on emotional distress damages |
Yes, based on employer size |
No cap under FEHA |
|
Time to file an agency complaint |
300 days with the EEOC |
3 years with the Civil Rights Department |
These are general rules. Your own facts decide which law fits best, and often more than one applies.
California deadlines and agencies
Many California claims start with a state agency. The table lists the usual first step and the usual deadline.
|
Claim |
Where you file |
Typical deadline |
|
Discrimination, harassment, retaliation (FEHA) |
California Civil Rights Department |
3 years from the unlawful act |
|
The same claims under federal law |
EEOC |
300 days |
|
Unpaid wages, overtime, break pay |
Labor Commissioner or Superior Court |
3 years, up to 4 in some cases |
|
Firing that violates public policy |
Superior Court |
2 years |
|
Unemployment benefits |
Employment Development Department |
Apply right away |
After a Civil Rights Department complaint, you receive a right-to-sue notice. You usually then have one year to file a lawsuit. Waiting can cost you your claim.
How a California employment case works
Most cases follow the same path. We start by reviewing your facts and gathering your documents. Then we decide where to file.
Discrimination, harassment, and retaliation claims usually start with the Civil Rights Department. Wage claims can go to the Labor Commissioner or straight to court. Some claims can start in either place.
Next, we often send a demand letter and try to settle. Many cases end here. If the employer won't pay a fair amount, we file a lawsuit. The employer may also ask a judge to send your case to private arbitration, and we'll tell you if that's likely.
Cases take time. Some settle in a few months. Others take a year or more. We keep you updated at each step.
What you can recover in California
The money depends on your claim. Here's what the law may allow.
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Lost pay and benefits from the day you lost income.
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Future lost earnings, when you can't find equal work right away.
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Money for emotional distress, which has no cap under FEHA.
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Unpaid wages, overtime, and penalties for missed breaks or late final pay.
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Punitive damages when the employer acted with malice, fraud, or oppression.
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Attorney's fees and costs in many cases.
Some cases also allow reinstatement, which means getting your job back. A lawyer can estimate your case after reviewing your facts.
When to hire a California employment lawyer
Call a lawyer as soon as one of these happens:
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You were fired, laid off, or forced to quit, and the reason seems unfair.
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You reported harassment, discrimination, or unpaid wages and then got treated worse.
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Your employer denied your leave or punished you for taking it.
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Your employer asked you to sign a severance or arbitration agreement.
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Your boss shorted your overtime, skipped your breaks, or made you pay for work expenses.
You don't need to be sure you have a case. You only need to be worried enough to ask. If you're curious about the money side, see how much you can get for suing your employer.
What to do before you call
You don't need a full file. A few simple steps help a lot.
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Write down what happened, with dates, names, and places.
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Save texts, emails, pay stubs, schedules, and reviews. Save them somewhere other than your work account.
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Keep copies of anything you signed, including handbooks and arbitration agreements.
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Report problems to HR in writing, and keep a copy of what you sent.
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Don't quit or sign a severance agreement until a lawyer has read it.
If you're looking for an employment lawyer in California, a short call is the best first step. We'll listen, explain your options, and tell you what we'd do next.
Where we serve in California
Our office is in Encino, in Los Angeles, and we represent employees across California. Here are our local pages.
Southern California: Orange County employment lawyers and Riverside employment lawyers.
Central California: Kern County employment lawyers, San Luis Obispo employment attorneys, and Santa Barbara employment lawyers.
Not sure where you fit? Call us. We'll tell you if we can help.
Why employees choose Kingsley Szamet
Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.
We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.
Frequently asked questions
Is California an at-will state?
Yes, but with big limits. Your employer can't fire you for an illegal reason, such as discrimination, retaliation, protected leave, or reporting illegal conduct.
How long do I have to file a claim in California?
It depends on the claim. Many discrimination and harassment complaints have a three-year deadline with the Civil Rights Department. Wage claims often have three years. Some firings have two years.
What is the California Civil Rights Department?
It's the state agency that handles discrimination, harassment, and retaliation complaints. It used to be called the Department of Fair Employment and Housing. It issues the right-to-sue notice you need to file a lawsuit.
Do California employment laws apply to small employers?
Often yes. FEHA's discrimination rules cover employers with five or more employees, and its harassment rules cover every employer. Wage laws apply to nearly all employers.
How much does a California employment lawyer cost?
At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.
Can I sue in federal court?
Sometimes. You can file federal claims in one of California's four federal district courts. Many employment cases are filed in California Superior Court instead.
Contact Kingsley Szamet Employment Lawyers
Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.
