San Francisco Employment Lawyer

San Francisco Employment Law Attorney

Every employee in every industry operating in California has certain rights that their employers may not violate, and everyone has the right to expect a workplace free of harassment and discrimination. Unfortunately, many people encounter unexpected problems with their employers that precipitate legal action. A San Francisco employment lawyer is an invaluable resource if you have encountered any such problem with your employer that you cannot resolve on your own.

The employment attorneys at Hennig Kramer LLP, provide client-focused legal representation for a wide range of employment law cases in San Francisco and surrounding communities. It’s easy for any employee to feel isolated and overwhelmed by their situation, and many are afraid to speak out against their adverse experiences for fear of losing their jobs and other reprisals. We can help you make sense of your situation and guide you toward a resolution.

Understanding California Employment Law

Everyone working in San Francisco, California has certain rights, and there are various federal and state labor laws that apply to the relationships between employees and their employers, the rights that are protected in the workplace, and the expectations for employers to resolve problems that arise within their operations.

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for addressing workplace discrimination and harassment claims in the United States, and the California Civil Rights Division (CRD) enforces state-level employment laws for everyone working in California. Depending on what your case entails, you may need to interact with one or both agencies, and the right attorney can make these interactions easier and more productive.

Employment law is quite broad and covers many types of cases. When you are faced with any type of situation pertaining to your work which may violate the law, it is vital to consult a San Francisco employment lawyer who has proven experience resolving cases like yours. Hennig Kramer LLP, has a strong professional record of successful cases, and we provide focused legal counsel for employment law matters such as:

• Workplace discrimination. It is illegal for any employer to discriminate against an employee on the basis of their protected characteristics. These include sex, race, religion, disability status, ethnicity, and other protected characteristics. If you have experienced any discriminatory treatment on the basis of your protected characteristics, your San Francisco employment lawyer can help you explore possible legal recourse.
• Workplace harassment. Any type of harassment in the workplace, including sexual harassment or creating a hostile work environment, is illegal in San Francisco and throughout the United States. Proving harassment on the basis of protected characteristics can be challenging, but the right attorney can assist you with gathering the evidence needed to build your case. Different types of harassment exist, including hostile work environment harassment and quid pro quo sexual harassment. Quid pro quo sexual harassment occurs when an employer or supervisor offers an employee an employment benefit, such as a promotion, in exchange for sexual favors. They may also threaten an employee with adverse employment actions, such as a demotion, if they do not comply.
• Wrongful (unlawful) termination. Most employment in California functions on an at-will basis, meaning employers have broad flexibility to terminate employees as they deem necessary. They may not, however, fire employees for illegal reasons. If you believe your recent firing was based on your protected personal characteristics, you may have grounds to pursue a wrongful termination suit against your employer.
• Wage and hour claims. Every employee has the right to be paid correctly and on time. In California, there are several laws in place pertaining to minimum wage, overtime rates, rest breaks, expense reimbursement, and other aspects of employee compensation. If your employer has refused to pay you due compensation or violated any California wage and hour laws, our team can help you hold them accountable.
• Employer retaliation. Employers are legally barred from taking punitive or adverse employment action against an employee in response to the employee’s legally protected action, such as filing a discrimination or harassment claim in good faith or acting as a whistleblower. Remember, retaliation can take many forms, including demotion, termination, or other adverse actions. If you believe your employer has illegally retaliated against you, a San Francisco employment lawyer can help you hold them accountable.
• Whistleblower claims. A whistleblower is an individual who reports unethical and/or illegal activity in their workplace, such as regulatory noncompliance, environmental destruction, or other misdeeds by their employers. When a whistleblower files a report to a person with authority to correct the legal violations or an oversight agency in good faith, it is a legally protected action against which their employer may not retaliate.

These are only a few examples of the cases our firm regularly handles for clients in the San Francisco area. Your situation may be confusing, and it may seem as though the law is stacked against you at first. It is very difficult for many employees to prove the truth of their allegations alone, and they will need reliable legal representation on their side to resolve the most complex employment cases.

Filing Formal Complaints in Employment Law Disputes

Depending on the type of case you have, you may need to interact with the EEOC, the California CRD, or multiple state and federal agencies. For example, if you are filing a workplace discrimination claim under Federal law, you will need to submit a complaint to the EEOC before proceeding with any direct legal action against your employer. An experienced attorney can guide you through the reporting process and manage interactions with these oversight agencies.

In most workplace harassment and discrimination cases, an employee will need to obtain a “right-to-sue” letter from either the U.S. EEOC or the California CRD after reporting the legal violation. An experienced workplace attorney can help you submit your claims to the EEOC or CRD and obtain a “right-to-sue” letter.

Building Your Claim in San Francisco

One of the most commonly cited challenges in employment law disputes among affected employees is proving the truth of their claims. Gathering evidence to prove that you have experienced workplace discrimination or harassment can be challenging. The average person may also be unaware of their options for proving that their employer has violated wage and hour rules or revealing the true reason for a recent firing.

Much of the evidence you may need to build your claim could seem out of reach at first, or you may not know what types of evidence you may need to build a solid case. Your San Francisco employment lawyer can be an essential resource in this situation, helping you to prove the truth of your situation and hold your employer accountable for the harm they have done.

In some employment cases, employees are entitled to compensation if they sustain damages. The forms of compensation that may come into play in your case may include:

• Back pay, unpaid wages and overtime, and/or repayment of lost benefits. Your attorney can help you accurately determine how much your employer owes, and it is possible to secure additional compensation for the time you were forced to wait.
• Repayment of legal fees. In some employment cases, the affected employee has the right to seek compensation for their attorneys’ fees from their employer.
• Reimbursement for travel expenses, job searches, and other out-of-pocket expenses.
• Compensation for your emotional distress and psychological suffering.
• Punitive damages or restitution as punishment for an employer breaking the law.

Every case is unique, and these are just a few examples of the types of compensation our team has helped past clients secure with their employment suits. Hennig Kramer LLP, can work closely with you to gather evidence to show the truth of your experience with an employer and the scope of the effects their actions have had on your life and your family.

What to Expect From Your San Francisco Employment Lawyer

The attorneys at Hennig Kramer LLP, excel at resolving complex employment suits. We have years of experience interacting with the EEOC, the California CRD, and various other oversight and regulatory agencies in pursuing justice for our clients. When you choose our firm to represent you, our team can immediately begin a thorough investigation into the details of your claim and help you develop an effective strategy for holding your employer accountable.

Your case may require meeting various statutory deadlines and filing requirements that would be difficult to fulfill on your own. You can rely on our team for ongoing support from the earliest stages of your case, in which we gather evidence for you to resolve the situation in a private settlement. Most employer-employee civil disputes in California end with privately negotiated settlements, and we are adept at maximizing our clients’ results.

There is no single formula for success in an employment case. Every employee faces unique challenges and has individual needs and concerns that must be fully addressed for them to achieve a satisfying outcome to their case. Our team takes time to learn as much as we can about each client we represent so they can feel more confident about their case and have the greatest chance of achieving a positive outcome.

FAQs

Q: What Types of Cases Does a San Francisco Employment Lawyer Handle?

A: A San Francisco employment lawyer can handle a wide variety of cases involving disputes between employees and employers. Hennig Kramer LLP, represents employees faced with a range of legal challenges, including wage and hour disputes, workplace discrimination, harassment claims, wrongful termination cases, employer retaliation, and more. We help employees assert their rights and secure accountability when they have been mistreated.

Q: What Should I Do If I Encounter Harassment at Work?

A: If you face harassment at work based upon a protected characteristic, or believe a coworker and/or supervisor has violated your employee rights, you should report the situation to your Human Resources department and seek a resolution through internal channels with your employer. If your efforts prove fruitless, you should then seek out an experienced San Francisco employment lawyer who can assist you in exploring more direct legal action in response to what you experienced.

Q: Can I Recover Compensation in an Employment Law Case in San Francisco?

A: It is possible to recover compensation in an employment law case in San Francisco when you have suffered damages because of the unlawful workplace conduct you have experienced. For example, if you were denied pay and benefits for an illegal reason, you may be able to recover these losses from a successful employment suit. You may also have grounds to seek compensation for the emotional distress you experienced as well as expenses you incurred because of the incident.

Q: How Long Do I Have to File an Employment Suit in San Francisco?

A: You may only have a short time in which to file your employment suit in San Francisco. Depending on the type of claim you intend to file, you may face a relatively short time limit for submitting a complaint to the EEOC or the California CRD. Many claims have time limits of one year, while certain government claims have time limits of six months, or less. Additionally, it is beneficial to start the filing process quickly so you will have an easier time preserving crucial evidence you may need to make your case.

Q: Why Should I Hire a San Francisco Employment Lawyer?

A: You should hire a San Francisco employment lawyer because you could face very complex legal statutes and various unpredictable challenges in your case. Various federal and/or state laws may apply to your situation, and you could be entitled to compensation that you may not be able to accurately assess on your own. Ultimately, hiring experienced legal counsel greatly improves your chance of reaching a positive conclusion to your impending case.

The attorneys at Hennig Kramer LLP, have extensive professional experience representing employees in all types of employment law disputes in San Francisco and surrounding areas. We can help you make clearer sense of your legal situation and guide you through the proceedings ahead of you. Contact our team today and learn how our experienced San Francisco employment lawyers can assist you with your case.