Employment Law

California gives employees some of the strongest workplace protections in the country, but only if someone enforces them. Smith Trial Group’s employment lawyers represent employees, never employers, in claims against companies of every size.

We represent workers throughout Orange County and Southern California. Before founding the firm, our attorneys defended Fortune 500 companies, so we know how employers build their defense. Our employment results include a $1.5 million jury verdict in a disability discrimination case and a $500,000 settlement in a wrongful termination case.

On this page: Claims we handle · At-will employment · How a case works · Fees · FAQ

Employment Claims We Handle

• Wrongful termination and retaliation
• Discrimination, including disability, pregnancy, age, religion, national origin, and sexual orientation and gender identity
• Failure to accommodate a disability or medical condition
• Sexual harassment and hostile work environments
• Medical and family leave violations (CFRA and FMLA)
• Unpaid wages and overtime and meal and rest break violations
• Whistleblower retaliation and federal whistleblower claims, including SOX retaliation and qui tam cases
• Executive and high-earner employment matters
• PAGA claims and class actions
• Severance agreement review

At-Will Employment and Its Limits

Most California jobs are “at will,” meaning an employer can generally end employment without a stated reason. But an employer cannot fire, demote, or mistreat an employee for an unlawful reason, such as discrimination, retaliation, taking protected leave, or refusing to violate the law. The question in most cases is the employer’s real reason.

How an Employment Case Works

1. Consultation. We review what happened, your documents, and the timeline.
2. Investigation and demand. We gather evidence and, where appropriate, present the claim to the employer before filing.
3. Administrative filing. Many claims require a filing with the California Civil Rights Department to obtain a right-to-sue notice.
4. Litigation or arbitration. We pursue the case in court, or in arbitration if an enforceable arbitration agreement applies.

Most FEHA claims must first be filed with the California Civil Rights Department (CRD), generally within three years, before a lawsuit can be filed. Other employment claims have their own deadlines, some much shorter. Talk to a lawyer promptly.

Fees

We handle most employment cases on a contingency fee. Many California employment statutes also require an employer to pay the employee’s attorney’s fees when the employee prevails.

Helpful resources: California Civil Rights Department · California Labor Commissioner

Cases for Executives and High Earners

Senior employees face employment problems with a lot at stake: severance, bonuses, equity, change-in-control provisions and non-compete threats. We represent executives, physicians, engineers, financial advisors and other professionals in negotiations and litigation. See executive employment, Irvine executive employment, Newport Beach employment lawyer, Temecula employment lawyer, fired before equity vests and non-competes and trade secrets.

Whistleblower Cases

Employees who report fraud, safety hazards or illegal conduct have some of the strongest protections in California law, and federal whistleblower programs can pay awards for original information about fraud. See California whistleblower protection, federal whistleblower claims, qui tam cases and healthcare fraud whistleblowers.

Before You Sign Anything

Employers often present severance agreements, arbitration agreements or resignation letters at stressful moments. A severance agreement usually includes a release of all claims, and once signed, it is difficult to undo. Employees 40 and older have special rights to time to consider and revoke releases of age claims. Talk to an employment lawyer before signing. See severance agreement review.

Building Your Case

• Keep a private, dated record of key events, comments and complaints.
• Save copies of documents you are entitled to have, such as your offer letter, pay records, performance reviews and emails sent to you.
• Request your personnel file and payroll records, which California law entitles you to inspect.
• Do not take confidential company information you are not authorized to access.

Deadlines

Employment claims have very different deadlines, from 180 days for some federal whistleblower complaints to three years for most FEHA claims. Use our claim deadline calculator for an estimate, and see how long to sue your employer.

Frequently Asked Questions

Do you represent employers?

No. We represent employees only.

I signed an arbitration agreement. Can I still bring a claim?

Usually, yes. Arbitration changes where a claim is decided, not whether you have one, and some arbitration agreements are unenforceable.

Can I be fired for talking to a lawyer?

Retaliating against an employee for asserting legal rights is itself unlawful in many circumstances. Our consultations are confidential.