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Your Path to Taking Action Against an Employment Law Violation

San Diego has a strong workforce across booming sectors like healthcare, biotech, defense, and tourism. Many San Diego residents have relocated to the city specifically for its wide range of employment opportunities.

Unemployment rates are consistently lower in San Diego compared to California as a whole, but San Diego’s high cost of living means that many full-time workers still struggle to make ends meet. A report from the United Ways of California found that a San Diego family with two adults, one elementary-aged child, and one preschool-aged child would need to earn $116,000 annually just to meet their basic needs, which is equal to three full-time minimum-wage salaries.

If you live and work in San Diego, your job may be your lifeline. Reporting workplace rights violations may feel intimidating when losing your job could have devastating financial consequences for your family. But as a California worker, you have the right to take action against your employer without fear of retaliation.

If your rights were ignored in the workplace, there is a path forward. Filing a workplace claim in San Diego may be the only way to stop this behavior and protect your rights.

 

Before You File: Four Steps To Take

Before you jump into filing a complaint against your employer, it’s a good idea to take a step back and plan your approach. Many people file a claim when they are upset, but acting without a plan could compromise your case.

Start with these steps:

  1. Download your pay stubs, performance reviews, and any other relevant documentation from your company account.
    If you were fired, you would lose access to the relevant account quickly, so you need to gather evidence as soon as possible.
  2. Send copies of important work emails to your personal account so you have a digital record of what happened.
    Storing communications in at least two locations can further prevent this evidence from becoming lost.
  3. If you are still employed, report the violation to HR.
    In some cases, violations of employment rights can be resolved internally. Reporting the incident to HR also gives you documentation to use as part of a future claim.
  4. File for unemployment.
    If you lost your job due to a violation of your employment rights, you may qualify for unemployment. Filing within 10 days of your last day worked may help you avoid delays.

 

Deciding Between Filing Independently vs. Hiring a Lawyer

You are not legally required to retain an attorney to file a workplace claim in San Diego. You can go through the process independently and represent yourself if desired.

Filing a claim through government agencies like the Labor Commissioner’s Office is generally free, but it has its limits. You may be able to seek more compensation through a private lawsuit in court.

You may decide to file a claim without an attorney if any of the following are true:

  • Your case is straightforward, and you have clear evidence of your employer’s wrongdoing.
  • You do not anticipate your case being contested, or perhaps your employer has already agreed to right the wrong.
  • You feel comfortable filling out the paperwork to file a claim through the relevant agency.
  • You do not want to pay any legal fees.

However, it is generally advisable to work with an attorney in any other case. Employment attorneys have extensive knowledge of the claims process and can provide sound guidance. They can help maximize your compensation through negotiations and handle much of the legal process for you.

You could especially benefit from legal representation if:

  • Your claim has already been denied.
  • You are facing employer retaliation after reporting a claim on your own.
  • Your employer is hiding evidence or lying to you.

An attorney can help you make informed decisions throughout your case and avoid settling for less than your claim may be worth.

 

Where To File Your Workplace Claim in San Diego

Filing a workplace claim in San Diego generally starts with reporting the violation of your employment rights to a state or federal agency. Different types of claims have different filing processes.

These are the three main places to file a claim in San Diego:

  • Labor Commissioner’s Office:
    Report unpaid wages, missed breaks, or other wage and hour violations.
  • California Civil Rights Department (CRD):
    Report state-level discrimination, harassment, or retaliation, or violations of the Fair Employment and Housing Act or California Family Rights Act.
  • Equal Employment Opportunity Commission (EEOC):
    Report federal-level issues involving discrimination, harassment, or retaliation. As a San Diego worker, you would generally report to the San Diego Local Office.

California state law provides broader employment protections than federal law in many cases, so reporting to the CRD is often the right path. But specific scenarios may warrant filing with the EEOC. If you file an EEOC complaint in San Diego, it will automatically be filed with the CRD as well. Speaking with an attorney can provide clarity about where to file your claim.

 

The Step-by-Step Filing Process

The process you will follow to file a workplace claim in San Diego can look different based on the details of your case, where you are filing, and how you would like to resolve the issue.

Generally, you can expect to follow these steps to report a workplace violation in San Diego:

  1. Gather your evidence.
    A solid workplace claim relies on evidence of the rights violation. Common types of evidence include emails or other digital communications, copies of employment contracts or employee handbooks, testimony from coworkers or anyone who witnessed the incident, copies of complaints filed with HR, pay stubs, or any other tangible evidence that supports your assertions.
  2. Fill out the necessary forms.
    Whether you are filing with the Labor Commissioner’s Office, CRD, or EEOC, the process generally starts by filling out forms. You can typically do so through the agency’s website, mail the forms to your local office, or meet with a representative in person. However, online filing is often the fastest route.
  3. Await the review process.
    This is the stage in which the agency you filed with will review your claim. If you file with the CRD, the agency will review your case to determine whether to initiate an investigation or issue an immediate Right-to-Sue letter. The latter would give you the legal right to pursue a lawsuit against your employer. If the agency investigates the case and finds no violation, the case will be closed. If it finds evidence to suggest a violation, it may initiate mandatory mediation to reach an agreement. An unsuccessful mediation may lead the CRD to file a lawsuit in court.
  4. Meet for mediation.
    Mediation is a meeting in which you try to settle the problem with your employer outside of court. They may offer you a settlement amount, and you can attempt to negotiate a higher offer. Settling out of court could lead to a lower compensation award, but it saves you the legal fees and time involved in going through a full lawsuit. It also gives you more control over the outcome, compared to leaving it in the hands of a judge.
  5. Attend a Berman hearing.
    For wage claims, the California Labor Commissioner’s Office will generally order a Berman hearing, a special meeting in which an officer decides who is right. The officer will hear testimony, review evidence, and issue an Order, Decision, or Award (ODA) within 15 days. If either party disagrees, they can file an appeal.

 

If your case is not resolved after these steps, you may consult an attorney about filing a lawsuit.

 

Understanding Deadlines for San Diego Workplace Claims

Time is important in legal claims, including employment law cases. Missing deadlines could cause your case to be immediately dismissed.

The deadlines that apply to your specific case may vary, so speaking with an attorney is wise to understand your timeline. Generally, these are the deadlines for filing California workplace claims:

  • Discrimination or harassment complaints with the CRD:
    Three years from the date of the incident.
  • Discrimination charges with the EEOC:
    180 days from the incident date, or 300 days if a state or local agency enforces a law prohibiting discrimination on the same basis. The deadline is shortened to 45 days for federal employees.
  • Filing a lawsuit with a Right-to-Sue notice from the EEOC:
    90 days from receiving the notice.
  • Wage and hour violations:
    Three years to file with the Labor Commissioner’s Office.
  • Breach of contract disputes:
    Four years for written contracts or two years for oral agreements.

 

San Diego Industry Spotlights

San Diego is well known for its strong workforce in the biotech and tourism sectors, as well as its massive military presence. If you work in one of these major industries, be aware of specific challenges you may encounter related to your employment rights. For example:

  • Military:
    Certain rules apply to people working on or near military bases. Naval Base San Diego has implemented 100% ID checks at all gates, which can be restrictive for undocumented workers.
  • Tourism:
    Tipped workers in the hospitality industry need to understand that, under California law, tips are the sole property of the employee, not the employer.
  • Biotech:
    Workers in this industry are often required to work overtime, and under California law, many are entitled to overtime wages for these hours.

 
 

Understanding Deadlines for San Diego Workplace Claims

Time is important in legal claims, including employment law cases. Missing deadlines could cause your case to be immediately dismissed.

The deadlines that apply to your specific case may vary, so speaking with an attorney is wise to understand your timeline. Generally, these are the deadlines for filing California workplace claims:

  • Discrimination or harassment complaints with the CRD:
    Three years from the date of the incident.
  • Discrimination charges with the EEOC:
    180 days from the incident date, or 300 days if a state or local agency enforces a law prohibiting discrimination on the same basis. The deadline is shortened to 45 days for federal employees.
  • Filing a lawsuit with a Right-to-Sue notice from the EEOC:
    90 days from receiving the notice.
  • Wage and hour violations:
    Three years to file with the Labor Commissioner’s Office.
  • Breach of contract disputes:
    Four years for written contracts or two years for oral agreements.

 

San Diego Industry Spotlights

San Diego is well known for its strong workforce in the biotech and tourism sectors, as well as its massive military presence. If you work in one of these major industries, be aware of specific challenges you may encounter related to your employment rights. For example:

  • Military:
    Certain rules apply to people working on or near military bases. Naval Base San Diego has implemented 100% ID checks at all gates, which can be restrictive for undocumented workers.
  • Tourism:
    Tipped workers in the hospitality industry need to understand that, under California law, tips are the sole property of the employee, not the employer.
  • Biotech:
    Workers in this industry are often required to work overtime, and under California law, many are entitled to overtime wages for these hours.

 

Local Resources for San Diego Workers

If you are looking to file a complaint against your employer in San Diego, check out these local resources:

 

Schedule a Consultation With D.Law

Filing a workplace claim in San Diego can feel overwhelming without legal support. If you are exploring your legal options after a rights violation, consult our employment attorneys at D.Law for guidance and representation. Call 818-275-5799 to learn more.