Frequently asked questions
Answers to Your Most Common Legal Questions.
Employment law
We represent workers in wrongful termination, discrimination, harassment, wage theft, retaliation, whistleblower, and failure to accommodate cases across California.
We work on a contingency fee basis — meaning you pay nothing unless we win your case or reach a settlement on your behalf.
Yes, if you were fired for an illegal reason such as discrimination, retaliation, or refusing to engage in unlawful conduct, you may have a valid wrongful termination claim.
You may be entitled to lost wages, emotional distress damages, punitive damages, and in some cases, attorney’s fees and costs.
Most employment claims have strict deadlines. For example, discrimination and retaliation claims typically must be filed with the DFEH within 3 years, and wage claims must be filed within 3 to 4 years, depending on the violation.
Yes. You do not have to be fired to bring a claim. You can sue while still employed if you are facing ongoing discrimination, harassment, retaliation, or wage violations.
No. California law protects whistleblowers who report illegal or unsafe practices. Terminating or punishing you for doing so is illegal.
A disability can be a physical or mental condition that limits a major life activity. This includes conditions like depression, anxiety, pregnancy-related complications, chronic illnesses, and more.
Yes. Employers must engage in a good faith interactive process and provide reasonable accommodations for disabilities, including modified duties, medical leave, or remote work where feasible.
Harassment can include verbal, physical, or visual conduct based on your race, gender, disability, religion, sexual orientation, or other protected characteristic that creates a hostile work environment.
Document everything and contact an experienced employment attorney immediately. Early legal intervention can preserve your rights and maximize your potential recovery.
At Employees First Labor Law, we fight exclusively for workers. With millions recovered and a proven track record in high-stakes litigation, we bring aggressive representation, compassionate service, and results-driven strategy to every case.
Workers’ Compensation
If your California workers’ compensation claim was denied, don’t give up—you still have rights. Many denials are overturned on appeal. You can file an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB) and request a hearing before a judge. Denials are often based on insufficient medical evidence or missed deadlines, but with an experienced workers’ comp attorney, you can challenge the decision and fight for the benefits you deserve—such as medical treatment, temporary disability payments, and permanent disability compensation. Time is critical, so don’t delay.
In California, whether you can see your own doctor for a work-related injury depends on whether you predesignated that doctor before the injury occurred. If you submitted a written request before the accident to treat with your personal physician, and your employer provides health coverage, then yes—you can see your own doctor. If not, your employer’s insurance typically controls medical treatment for the first 30 days. After that, you may be able to change doctors within the insurance company’s Medical Provider Network (MPN). We can help you navigate this process to ensure you receive proper care.
You must report your work injury to your employer within 30 days and file a formal claim (DWC-1 claim form) within one year from the date of injury—or from when you knew or should have known the injury was work-related. Missing these deadlines can result in losing your right to benefits. If your injury developed over time, like a repetitive stress injury, the clock typically starts when you first miss work or see a doctor due to the injury. Don’t wait—consulting an experienced workers’ comp attorney early can protect your rights.
The value of a workers’ compensation case in California depends on several factors, including the severity of your injury, how long you’re unable to work, the cost of medical treatment, and any permanent disability you suffer. You may be entitled to temporary disability payments, medical care, permanent disability compensation, vocational retraining, and even a lump-sum settlement. Every case is different, so it’s crucial to have an experienced workers’ comp lawyer review your claim and fight to maximize your benefits—especially if your injury affects your long-term ability to work or quality of life.
You’re not required to hire a lawyer for a workers’ comp claim in California—but having one often makes a big difference. If your claim is denied, your benefits are delayed, you’re being pressured to return to work early, or you’re offered a low settlement, it’s time to call a workers’ comp attorney. Insurance companies have lawyers—and so should you. An experienced lawyer can gather medical evidence, negotiate higher settlements, represent you at hearings, and make sure your rights are fully protected. Don’t go it alone if your injury is serious or your employer is giving you the runaround.
Yes, if your work injury prevents you from doing your job, you may be eligible for temporary disability benefits under California workers’ compensation law. These payments typically cover two-thirds of your average weekly wages, up to a state-set maximum, and begin after you’ve missed three days of work (unless you’re hospitalized overnight). If you’re off work for a longer period, you may also qualify for permanent disability or Supplemental Job Displacement Benefits. Delays in payment are common—having an experienced workers’ comp lawyer can ensure your checks arrive on time and in full.
If your employer disputes that your injury happened on the job, you still have the right to file a workers’ compensation claim in California. Insurance companies often deny claims based on alleged preexisting conditions, off-duty injuries, or lack of witnesses—but these denials can be challenged. You’ll need medical documentation and legal support to prove the injury is work-related. We help injured workers gather evidence, present their case to the Workers’ Compensation Appeals Board (WCAB), and fight back against false or unfair accusations.
No—California law strictly prohibits retaliation against employees who file a workers’ compensation claim. If your employer fires you, cuts your hours, demotes you, or creates a hostile work environment after you report an injury, you may have a claim for wrongful termination or retaliation. These cases can lead to additional compensation beyond workers’ comp, including emotional distress damages, lost future earnings, and punitive damages in civil court.
At Employees First Labor Law, we’re one of the very few firms in California equipped to handle both your workers’ compensation case and your civil employment claim under one roof. That means we can coordinate strategy, maximize your recovery, and protect your rights across both systems—without sending you to another lawyer.
If you’ve been injured on the job in California, you may be entitled to a range of benefits under the state’s workers’ compensation system, including:
- Medical Treatment – All reasonable and necessary medical care related to your work injury, including doctor visits, surgery, physical therapy, and medications.
- Temporary Disability Payments – Wage replacement if your injury prevents you from working while you recover.
- Permanent Disability Benefits – Compensation if your injury results in long-term or permanent impairment.
- Supplemental Job Displacement Benefits (SJDB) – Vouchers for retraining or skill enhancement if you can’t return to your old job.
- Death Benefits – Financial support for dependents of a worker who dies as a result of a work-related injury or illness.
At Employees First Labor Law, we fight to make sure injured workers receive every benefit they’re legally entitled to—on time and in full. Our team knows how insurance companies operate, and we won’t let them shortchange your recovery. If your claim is delayed, denied, or underpaid, we’ll step in and get results.
Wage & Hour Violations
A violation occurs when an employer fails to pay the legal minimum wage, overtime, meal/rest breaks, or forces off-the-clock work. Misclassifying employees as independent contractors can also count.
In California, most employees are entitled to overtime pay at 1.5x their regular rate for hours worked over 8 per day or 40 per week. Double pay may apply in some cases.
Employers must provide a 30-minute unpaid meal break for every 5 hours worked and a 10-minute paid rest break for every 4 hours. Missed breaks may entitle you to extra pay.
Yes. You may file a wage claim with the California Labor Commissioner or take legal action. You may be entitled to back pay, penalties, and attorney fees.
In California, you generally have up to 3 years to file a wage claim, depending on the type of violation. Don’t wait — deadlines can impact your case.
Being salaried doesn’t automatically exempt you from overtime. Many salaried workers are still legally entitled to overtime pay based on their job duties.
Workplace Discrimination
Discrimination occurs when an employee is treated unfairly based on race, gender, age, disability, religion, sexual orientation, or other protected characteristics.
Signs include unequal pay, denied promotions, unjust discipline, termination, or offensive comments targeting your identity or background.
Yes. Federal and state laws prohibit discrimination based on religion, ethnicity, and national origin. You have the right to a respectful, fair workplace.
Document incidents, report them to HR, and consider speaking with an employment attorney to understand your rights and legal options.
No. That’s retaliation, and it’s illegal. Employers cannot punish you for standing up against discrimination or filing a complaint.
Disability Discrimination
Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of a disability, including failure to provide reasonable accommodations.
The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect individuals from discrimination based on physical or mental disabilities.
A reasonable accommodation is any change to the work environment or job duties that enables a person with a disability to perform essential functions of the job — such as modified work hours, assistive devices, or remote work options.
No. It is illegal to terminate an employee solely due to a disability, especially if they can perform the essential functions of the job with or without reasonable accommodation.
Document the incidents, report the issue internally (e.g., to HR), and consult an employment attorney. You may be able to file a claim with the EEOC or California’s Civil Rights Department.
Sexual Harassment
Sexual harassment includes unwelcome verbal, visual, or physical conduct of a sexual nature that creates a hostile or offensive work environment or affects employment decisions.
No. It is illegal for an employer to retaliate against you for reporting sexual harassment or participating in an investigation.
While evidence helps, you don’t need physical proof to file a claim. Documentation, witnesses, or a consistent timeline can support your case.
You can report to your supervisor, HR department, or a designated compliance officer. If your employer fails to act, you can file a complaint with state or federal agencies.
In California, you typically have three years to file a complaint with the Civil Rights Department (CRD), but it’s best to act as soon as possible.
Yes. You can pursue legal action even while still employed. The law protects you from retaliation during and after the process.
Pregnancy Discrimination Rights Checklist (California)
Know your rights. Protect your job. Get legal help if they’re violated.
Your employer cannot fire, demote, cut your hours, or change your duties just because you’re pregnant.
California law provides up to 4 months of job-protected leave for pregnancy, childbirth, or related medical conditions.
After giving birth, you’re entitled to an additional 12 weeks of bonding leave under the California Family Rights Act (CFRA) — even if you already took PDL.
This includes: ● Light duty or modified work ● More frequent breaks ● A stool or seated work ● Schedule adjustments ● Temporary reassignment
You cannot be penalized for attending prenatal visits, ultrasounds, or pregnancy-related medical care.
You must be returned to your same job or a comparable one after your leave ends.
California law requires reasonable lactation breaks and a clean, private space (not a bathroom) to express milk.
Comments like “This isn’t a good time to be pregnant” or “Are you coming back?” are red flags. So is pressure to resign, reduce hours, or delay leave.
You can take PDL and CFRA leave before using PTO — and you can’t be forced to exhaust it first unless you choose to.
If your employer punishes you for being pregnant, denies your leave, or fails to accommodate you — you may be entitled to compensation.
Mediation & Arbitration
Arbitration is a private legal process where a neutral third party (the arbitrator) hears both sides of a dispute and makes a binding decision, often used as an alternative to going to court.
Many employers include mandatory arbitration clauses in employment contracts, requiring disputes to be resolved through arbitration rather than in court. However, these clauses may be challenged under certain circumstances.
Arbitration is typically faster and more private than court litigation. However, it may limit your rights, such as the ability to appeal or pursue a class action lawsuit.
Yes, you can and should have legal representation in arbitration, especially in employment-related matters where your rights and compensation are at stake.
In most cases, yes. Arbitration decisions are legally binding and can only be appealed in very limited situations.
