Your employer has rules to follow. We make sure they do.

What employment practices are illegal?

California has numerous laws and regulations governing employer behavior. It is important to understand your rights as an employee and to take action if you are being mistreated. Sullivan & Yaeckel Law Group assists clients with a wide range of employment matters, including:

• Wage and hour claimsPaying below minimum wage, failing to pay overtime, inaccurate pay stubs, or denied meal and rest breaks. A large portion of employment issues stem from unfair pay.
• Wrongful terminationNot every firing is illegal — but if yours was driven by discrimination or retaliation, or violated a contract or statute, you may have a claim.
• DiscriminationBecause of age, gender, race, religion, disability, sexual orientation and more — whether in hiring, promotion, pay, or termination.
• Sexual harassmentInappropriate comments or actions, or requests for sexual favors in exchange for work benefits. You have every right to bring a claim; we hold the proper parties accountable.
• Unemployment insuranceInsurers and agencies do not have your best interests at heart. We help you pursue the benefits you deserve and appeal wrongful denials.

Why does documentation decide these cases?

Employers are large entities with their own lawyers defending them, and wage, discrimination and termination claims can be difficult to prove without a record. Keep your paychecks and pay stubs, keep your own log of hours and breaks, and save the emails and messages that matter. If you notice issues with your pay or treatment, talk to a lawyer right away — deadlines apply.

How long do you have to file an employment claim in California?

Different claims carry different deadlines, and the clock usually starts on the day the violation happened — not the day you found out about it. These are the periods that matter most in the cases we handle:

• Unpaid wages and overtime — three yearsCode of Civil Procedure §338(a). When the same unpaid wages are also pleaded under the Unfair Competition Law (Business & Professions Code §17200), the reach-back extends to four years, though that statute recovers restitution rather than damages or penalties.
• Wage-statement penalties — one yearCode of Civil Procedure §340(a) applies to penalties under Labor Code §226 for inaccurate pay stubs. Waiting-time penalties for a late final paycheck are different: under Labor Code §203(b) they follow the same deadline as the unpaid wages.
• Discrimination, harassment and retaliation — three years, then oneYou have three years from the last act to file a complaint with California's Civil Rights Department (Government Code §12960(e)(5)), and one year from the date of your right-to-sue notice to file in court (§12965(c)(1)(D)).
• PAGA representative claims — one yearPlus a written notice to the Labor and Workforce Development Agency, which has 65 days to respond before the case can be filed. See class actions and PAGA.

Where should you start?

Most employment matters we take begin in one of three places: a paycheck that does not match the hours worked, a firing that followed too closely after a complaint or a leave, or a denied claim for benefits. Read more about wage and hour claims, discrimination and wrongful termination, and unemployment insurance appeals — or call 619-702-6760 for a free consultation. Our office is in San Diego, and we routinely handle cases in every State and Federal Court in California.