Experienced San Diego Employment Attorneys Ready To Assist You
Also Serving Solana Beach and Representing Clients Across California, Including LA County, Palm Springs, Indio, Lancaster, and More
Attorney John W. Dalton has been fighting for the rights of victims of employment discrimination for over 25 years. The firm has always focused on representing plaintiffs in employment discrimination cases, with the vast majority of these cases being sex or gender discrimination or harassment cases.
If you’ve been the victim of sexual harassment or work discrimination, you need a San Diego employment lawyer who isn’t afraid of going to trial. John is an experienced trial lawyer who has secured some of the largest verdicts in sexual harassment cases in the State of California.
A Record of Success
When you’re looking for a San Diego employment lawyer, a track record of success matters. John Dalton’s record at trial speaks for itself. One case represented the largest sexual harassment award in the nation with a verdict of over $30,000,000 and over $8,000,000 awarded in attorney fees (Gober v. Ralphs Grocery Company). Other cases include Marcisz v. Ulstrastar Cinemas, with a verdict of $6,850,000 and over $2,000,000 in attorney fees awarded, and Moran v. Shah Management, Inc. with a $1,250,000 verdict and over $1,000,000 awarded in attorney fees. Several of John’s cases have even been featured in the national news, including Primetime Live with Chris Wallace and NOW on PBS (Is Your Daughter Safe at Work?).
More Than Just Litigation
Having worked for the Central Intelligence Agency, John W. Dalton knows that diplomacy and negotiation skills are just as important as being able to fight the good fight in court. As a top San Diego employment attorney, John brings his background with the CIA to work for you at the negotiating table. Understanding all aspects of work discrimination, contract disputes, and other employment issues makes John a great partner in achieving your employment law goals.
Employee-Employer Relations in California
The relationship between you and your employer can be essential, rewarding, and sometimes difficult. In an unfortunate employment situation, you do not have to accept whatever treatment your employer gives you. You have many options for recovery under state and federal law. If the relationship sours between you and your employer, Attorney John Dalton is an experienced employment lawyer who can help protect your rights.
Your Employment Rights in San Diego County
California has many laws to protect your health, safety, and wages in an employment relationship. Your knowledge of your rights is one of your best defenses against an unethical employer. A skilled San Diego employment rights lawyer can help you identify any violations of your rights and fight to enforce your rights.
Your Right to Fair Hiring Practices
Your differences should not be a barrier to employment. Generally, it is illegal for an employer to deny you a job or take adverse employment actions against you because of your membership in the following protected categories:
- Religious creed,
- National origin,
- Physical disability,
- Mental disability,
- Medical condition,
- Genetic information,
- Marital status,
- Gender identity,
- Gender expression,
- Sexual orientation,
- Veteran status, or
- Military status.
Employers cannot use these factors to discriminate against you in regard to compensation, employment terms, employment conditions, or privileges of employment. Employers must also provide reasonable accommodations for religious needs and known mental or physical disabilities.
If an employer denies you a job or an employment benefit because of your membership in a protected group, you may have three years to file a complaint with the Department of Fair Employment and Housing (DFEH). DFEH investigates your complaint, and if it is valid, you could receive remedies including damages and/or an employment offer. Filing an employment discrimination complaint has many steps that can be complicated. Hiring an experienced California employment attorney is a crucial step in protecting your right to work in an environment free from discrimination. Reach out to discuss your claim with an experienced San Diego employment attorney today!
Your Guide to the Statute of Limitations on Discrimination Claims
It’s true that you may have up to three years to file a discrimination claim with DFEH. However, DFEH is not the only entity that has a statute of limitations on discrimination claims. It depends on the claim. And there may be exceptions depending on the case. In general, the statutes of limitations are as follows:
|Statute of limitations
|Harassment, discrimination, or retaliation
|1 year after the DFEH or EEOC gives the employee a “right to sue” notice OR 3 years after the conduct occurs
|Breach of verbal contract
|2 years after the breach
|Failure to pay wages; other wage and hour issues
|3 years after non-payment
|Breach of a written contract
|4 years after the breach
It’s very important to file your employment law claims as soon as possible. Being the victim of employment discrimination is beyond your control. However, you can take back power by filing a claim within the time allowed. Don’t miss your chance to get the justice you deserve. San Diego employment discrimination lawyer John W. Dalton can help you seek justice.
Your Right to Reasonable Working Hours
Once you have a job, your employer’s obligations do not stop at paying your wages. Your employer must respect your time and daily wellbeing. Under California law, you must receive at least a 30-minute meal break after you work five hours (there are some waiver exceptions).
If your employer makes excessive demands on your time, your employer must pay extra. Generally, if you work more than eight hours in a day or more than 40 hours a week, your employer must pay you one-and-a-half times your pay rate. If you work more than 12 hours in a day, your employer must pay you twice your rate.
If you work more than 30 hours per week, your employer cannot require you to work more than six out of seven days. Additionally, your employer must pay twice your rate for work you perform on the seventh day of a workweek. If your employer violates these rules, consider discussing this with a lawyer. And if you complain about working conditions or hours and your employer fires you, cuts your hours, or takes any other kind of adverse action, speak to an experienced San Diego employment law attorney right away. Workplace retaliation is strictly prohibited under California law.
You should also ensure that your employer follows the many laws regarding your time and pay rate. An experienced lawyer can educate you regarding your employer’s compliance with the many wage and hour laws and help you file complaints for violations. Call us today!
Your Right to Health and Family Wellbeing
Your employer must respect certain boundaries between your work life and your personal life. Your employer must provide paid sick days after 30 days of employment. You can access these sick days after 90 days of employment. You should receive at least one hour of paid sick leave for every 30 hours you work, and your employer cannot retaliate against you for using your sick days.
If you are a parent or legal caregiver of a child within the age range of a kindergartener to a high school senior, your employer cannot discharge you for taking up to 40 hours off a year to help the child with school enrollment and to tend to important school matters. Your employer must have 25 or more employees, and you must give notice (if possible) to take advantage of this benefit. In most circumstances, California law and federal law also provide job security if you need up to 12 weeks of unpaid leave per year due to a serious illness, to tend to the serious illness of a close family member, or to respond to certain serious life events. Failure to comply with these rules is a violation of the law. If your employer refuses to provide you with family and medical leave, consider hiring an employment lawyer. These laws were put in place to grant you the time and job security you need to handle major crises. Don’t let your employer unlawfully take that away from you.
If you feel that you have been treated unfairly by your employer, speak with an experienced LA employment lawyer today. Call John W. Dalton for a free consultation!
New Bill Signed With New Implications
Governor Newsom has signed Senator Scott Wiener’s Senate Bill 365, which aims to create a fair legal landscape for workers and consumers dealing with forced arbitration. This legislation closed a loophole that allowed corporations to use arbitration provisions to delay court actions for years. Under current California law, corporations could file lengthy appeals when their motion to compel arbitration was denied, leaving workers and consumers in limbo. These delays could negatively impact civil cases, as key witnesses may lose evidence, forget details, or relocate. Corporations, with their resources, could afford to wait out the appeals process, while workers and consumers typically could not. SB 365 grants courts the discretion to decide if a case can proceed while an appeal is pending, preventing injustices caused by unnecessary delays. This bill is crucial for workers and consumers who often find themselves bound by forced arbitration
clauses as a condition of employment or in consumer agreements. Senator Wiener’s effort ensures a more level playing field in our justice system, allowing workers and consumers to have their day in court without undue delay.
The Right LA Employment Attorney Makes All the Difference
Our San Diego employment lawyer John Dalton has spent his entire career fighting for victims of employment discrimination, and he will fight for you too. He cannot stand a bully, and he has the strategic plans and legal acumen to put you on the same playing field as the corporate Goliaths. When you are vulnerable after being discriminated against, John is accessible and will listen when you have something to say. Contact the John W. Dalton Law Offices today for a free case evaluation.
Tens of Millions of Dollars Recovered for Our Clients
Your Rights in Employment Termination
Rights after separation from employment differ depending on how your employment started and progressed.
Many employees in California are subject to at-will employment. This means that you can quit your job at any time. This also means that your employer can terminate you at any time as long as they do not fire you for discriminatory reasons, for reasons against public policy, or for reasons that breach the implied covenant of good faith and fair dealing. If your employer unlawfully fired you, an employment lawyer can file a complaint for money damages or job reinstatement.
Some jobs are subject to an employment contract. Employment contracts can be express or implied, written or oral. If you and your employer have an employment contract for a specific term, your employer cannot fire you unless you willfully breached the employment contract or regularly neglected your duties. You can also sue your employer for their breach of employment contract terms.
Sometimes employment contracts are dishonest. If your employer committed contract fraud and misled you regarding the terms of a job that requires relocation, you can recover double your damages in a complaint.
What Is a Severance Agreement?
California law does not require severance pay, but some employers may use a severance agreement to pay an employee to end the terms of an employment contract early. This pay must be in addition to benefits and wages you already earned. With a severance agreement likely comes a requirement that you waive some of your employment-related rights. You should not accept an agreement without reflection and the advice of a lawyer. By law, you have at least 21 days to consider a waiver in a severance agreement before accepting it. If you accept waivers in a severance agreement, you have seven days after you sign to revoke your acceptance.
Employment laws have many details that you should review with a knowledgeable San Diego employment attorney to ensure you receive the most for your labor.
Contact a Skilled LA Employment Lawyer Today
Attorney John Dalton is an employment litigation attorney in San Diego who has decades of experience. John represents employees in sexual harassment cases, wrongful termination cases, and more. John’s experience has secured large settlements and verdicts for his clients. He practices with compassion, professionalism, and a serious understanding of your employment dispute needs.
When you need John on the phone, he answers, and he prides himself on being the trustworthy choice for wronged employees. Contact our LA employment attorney John Dalton today to protect the fruits of your hard work.