Providing Aggressive Advocacy Since 1996

San Francisco Employment Law Attorney

Last updated on November 13, 2026

Employers mistreat their employees more frequently than one might imagine. They do it all the time. This mistreatment can take many forms, some more obvious than others. You might feel that your employer has mistreated you, but you might be confused about whether this conduct rises to the level of illegal treatment giving you the right to sue in court.

Let’s say you feel like something does not feel right about the way your employer is treating you. If you think that their conduct just isn’t right, you should find out whether that conduct might be the basis of a case in court.

In cases where the employer’s conduct is a violation of the law, you have the legal right to fight back against employment and labor law violations. To do this, you need a legal advocate with enough resources and experience to stand up to the powers that be. You can’t do this by yourself, and you don’t want to hire an inexperienced attorney that does not have the credibility to stand up to powerful companies.

The employment attorney you want is Daniel Feder. He’s been practicing in the area of employment law for almost three decades. He’s well-respected and very knowledgeable in the area of employment law, which he had been practicing since 1987.

Employment law cases fall within several categories: discrimination, harassment, wage and hour, and retaliation and leave. At the heart of these different types of cases is a common theme. An employer isn’t treating you right. If you feel that you might have a case, don’t hesitate.

You need to get the top-quality services from The Law Offices of Daniel Feder. Call us at 415-391-9476 or contact us online by completing the online consultation form.

What Kinds Of Legal Violations Might Give You The Right To Sue Your Employer?

Employment law cases can arise from a variety of situations. There are cases where a co-worker is harassing an employee based on race, sex, national origin or pregnancy. Sometimes the culprit is management. There are measures you can take, even if you are still employed, to protect yourself. Sometimes it’s a good idea to document your situation in writing to HR. In certain situations, you might wish to stay silent. It really depends on the facts of each particular case.

Whether you are still employed or if you have been terminated, we are in a position to help. Our lawyer advises clients on a wide range of employment law issues, including:

The kinds of employment and labor law violations that can be committed by an employer, a supervisor or co-workers against you is almost without limitation. You may have rights and not even know you do. Your employer may have violated your rights, and violated the law, without your knowledge.

If you feel your employment law or labor rights have been violated, you should seek out legal advice. You should get it from an experienced and knowledgeable San Francisco employment attorney right away. If you have been the victim of discrimination, harassment or retaliation, or suffered a denial of medical or pregnancy leave, you need to be protected by a top San Francisco employment lawyer, and Daniel Feder is a great candidate for your consideration.

Please call him at 415-391-9476 or contact us online by completing the online consultation form.

How Does Employer Misconduct Effect Employees?

Employment discrimination and harassment usually has very, very significant and damaging effects on the mental condition, emotions and feelings of employees. So, those who have been the victims of unlawful conduct in the workplace usually are facing a range of emotions: depression, anxiety, anger, humiliation, a sense of injustice and feelings of helplessness. It all seems overwhelming.

If you have been wrongfully terminated, your primary concerns are probably about your and your family’s financial well-being and security. How will I support myself and my family if I have been terminated? I don’t have any income coming in. How will this termination affect my career? Just as employees are at their emotional lows, they are also forced to confront harsh economic realities of trying to survive without a job.

Things may seem really bad. But do not give up hope. Employees have many rights that are protected by law. Prospective employees do as well. So if your employer discriminates against you, you should seek out a qualified attorney to get you compensation for your emotional damages and loss of income. Don’t give up! Take action to hold your employer legally accountable.

If you’re worried about whether or not you can afford a lawyer, stop. At The Law Offices of Daniel Feder, we offer contingency fee arrangements, meaning that you don’t have any obligation to pay attorney’s fees until there is a settlement or judgment in your favor. If there’s no recovery, there is no fee.

Employment law claims are highly complex. Absolutely do not hire a lawyer to handle your case because they are friends of a friend or family. Lawyers who do not practice employment law day in and day out are likely to make mistakes on your case. Don’t hire them. It is highly recommended that you contact a qualified employment law attorney in the San Francisco Bay Area as soon as possible.

With the right legal representation, you may be able to secure financial compensation for your lost wages and emotional distress. At The Law Offices of Daniel Feder, our attorney cares about getting you compensation for your employment case. Please call us at 415-391-9476 or contact us online by completing the online consultation form.

Serving Victimized Employees In San Francisco And Throughout Northern California

At The Law Offices of Daniel Feder, we help victimized employees stand up for themselves. Mr. Feder has more than 25 years of legal experience representing employment law plaintiffs before state and federal trial and appellate courts, and state and federal administrative agencies. Under his direction, our law firm has secured countless settlements and verdicts for our clients. In many cases, we are able to secure results outside of formal litigation. However, we are always prepared to advance a claim into litigation and to trial in order to see justice served.

Our top employment attorney is very experienced in handling all kinds of discrimination cases in San Francisco, Alameda and San Jose, including racial, gender, disability, religious, pregnancy, and national origin discrimination, as well as workers’ compensation discrimination, among others. Our dedicated employment lawyer is among the best employment discrimination lawyers and labor attorneys in California due to his keen knowledge of the technical and legal processes involved in representing employee discrimination victims against their employers or co-workers.

Our legal team handles employment law cases on behalf of individual workers as well as groups of employees in class-action lawsuits. When the violation of an employee’s rights is followed by wrongful termination of employment, our attorney also helps clients seek redress for these wrongful dismissals.

A Guide To Our Employment Law Focus Areas

A firing that makes no sense, a denied leave request or a paycheck that comes up short leaves most people asking the same question: Is this legal? At The Law Offices of Daniel Feder, San Francisco employment lawyer Daniel Feder helps employees across the Bay Area find the answer.

Since 1987, Mr. Feder has represented employees in state and federal cases involving:

Discrimination and harassment: Unequal treatment or harassment based on a legally protected characteristic
Disability discrimination: Denied reasonable accommodations or different treatment because of a disability or illness
Pregnancy discrimination: Demotion, termination or hostility after disclosing a pregnancy or requesting pregnancy leave
Race discrimination and harassment: Unequal pay, missed promotions or slurs based on race or ethnicity
Religious discrimination: Refusals to accommodate religious dress, practice or scheduling
Sexual harassment: Unwelcome sexual conduct at work, including demands for sexual favors in exchange for job benefits and sexual conduct that makes the workplace abusive
Wage and hour violations: Individual and class action claims for unpaid overtime, unpaid commissions or missed meal and rest breaks
Medical and family leave: Denial, demotion or termination tied to leave protected under the California Family Rights Act and the Family and Medical Leave Act
Retaliation and whistleblower claims: Demotion, termination or harassment for reporting illegal conduct, including complaints made only to an employer
Wrongful termination: Firings for an unlawful reason, not just an unfair one

Real situations rarely fit one category. A pregnancy disclosure followed by a firing can involve discrimination, leave and wrongful termination issues at once. Mr. Feder can help review your documents and explain what each claim requires. He will walk you through your options before you decide how to proceed.

How Do California Employment Laws Protect Workers?

Two primary bodies of state law protect California workers. The California Civil Rights Department (CRD) administers the California Fair Employment and Housing Act (FEHA), the state’s main workplace civil rights law. FEHA bars workplace discrimination, prohibits harassment and forbids retaliation.

The California Labor Code, enforced largely by the Labor Commissioner’s Office, sets the rules for daily working conditions. This includes wages, overtime pay, rest and meal periods, paid sick leave, workplace safety and whistleblower protection.

Federal statutes provide the minimum protections. Title VII, the main federal anti-discrimination law, covers workplace discrimination, and the FLSA, the federal wage-and-hour law, covers pay and hours. California gives workers more under both:

Smaller employers: FEHA’s discrimination rules cover workplaces with as few as five employees, compared with 15 under Title VII, and harassment is illegal at companies of any size.
More protected characteristics: FEHA explicitly protects characteristics beyond the federal categories, including marital status, medical conditions and reproductive health decision-making.
Longer filing window: You have up to three years to submit a discrimination complaint, compared with 180 to 300 days under federal law.
Fewer limits on damages: California places no statutory caps on emotional distress or punitive damages.
Stronger wage rules: The FLSA calculates overtime only after 40 hours in a workweek. California requires overtime after eight hours in a single day, double-time pay after 12 hours, and mandatory meal and rest breaks, and its minimum wage is higher than the federal rate.

These differences mean a workplace problem that falls short under federal law can still be a violation under California law.

What Does At-Will Employment Mean In California?

By default, you and your employer are each free to part ways whenever you choose, with or without a stated reason, unless a contract sets a length of employment. This default is called at-will employment. However, at-will status does not let an employer fire you:

Based on your race, sex, age, religion, disability or pregnancy
For exercising a legal right, such as reporting harassment, filing a wage claim or taking protected leave
For refusing to break the law or for serving on a jury
In breach of a written or implied promise to terminate only for good cause

Take note that an unfair firing is not automatically an unlawful one. If you were fired after strong reviews and given a vague explanation, Mr. Feder can help assess your employer’s stated reasons against the facts of your case.

Are You An Employee Or An Independent Contractor?

Most California wage, overtime and anti-discrimination protections cover employees, not independent contractors. Some companies exploit that by labeling employees as contractors. This is misclassification, and it can cost you minimum wage, meal and rest breaks, and paid leave.

A 1099 form or a signed contractor agreement doesn’t decide whether you’re an employee or an independent contractor. California applies a legal standard called the ABC test instead. The California Supreme Court adopted it in Dynamex Operations West, Inc. v. Superior Court to stop misclassification, and Assembly Bill 5 (AB 5) later wrote it into law.

Under the test, the law presumes you are an employee. To overcome that presumption, the company must prove all three of the following:

You are free from the company’s control, with no set schedule, required methods or close supervision.
You perform work outside the company’s usual business, such as a bakery hiring a plumber.
You run your own independent business in the same line of work, such as serving multiple clients instead of one.

If the company can’t prove all three, the law treats you as an employee. Exemptions exist for certain licensed professionals and specific industries. If you are unsure about your classification, Mr. Feder can review your situation and explain where you stand.

What Are California Employers Required To Provide?

Covered employers owe their workers:

A workplace free from discrimination and harassment
Freedom from retaliation for exercising legal rights
At least minimum wage and required overtime pay
Meal and rest breaks for non-exempt workers
Accurate, itemized wage statements
Protected medical, family and sick leave for eligible employees

Beyond these baseline duties, when an employee has a known disability, FEHA requires the employer to start a timely, good-faith conversation, called the interactive process, to find adjustments that let the employee do the job. Employers owe the same good-faith effort to employees with sincerely held religious beliefs. In both cases, the duty stops where an accommodation would create an undue hardship for the business.

Two administrative requirements round out these duties. Employers must post state and federal rights notices at work, and every California employer must carry workers’ compensation insurance, which pays for medical treatment and partial wage replacement if you get hurt or sick on the job.

Take note that this is just an overview, and some rules depend on the employer’s size and your role. If your employer falls short on any of these duties, Mr. Feder can explain your options.

How Does The Employment Claims Process Work?

Many workplace claims cannot go straight to court. For most FEHA claims, state law requires administrative exhaustion. This means you must first present your claim to the CRD, which operated as the DFEH before its name changed. Generally, steps include:

Documenting the misconduct and, if possible, consulting an employment attorney
Submitting your claim to the CRD
Choosing an agency investigation or an immediate right-to-sue notice, the official letter that lets you file in civil court
Receiving the notice and filing a lawsuit in California Superior Court

During an investigation, the CRD can gather documents, interview witnesses and offer both sides free, voluntary mediation. An investigation can take months. An immediate notice skips the investigation and satisfies the administrative requirement right away. Unpaid wage claims can follow a different path, through the Labor Commissioner’s Office or directly in court.

What Deadlines Apply To Employment Claims?

Every claim has a statute of limitations, and a missed deadline can bar the claim. One workplace event often creates several claims, and each runs on its own clock, so the time to act is when the problem starts. Timeframes include:

Certain claims when working for a city, county, school district or state agency: Generally six months to one year to submit a written government claim
Reporting illegal conduct: Generally one year to file with the Labor Commissioner, or three years for a civil lawsuit
Being fired for refusing to break the law: Generally two years
Unpaid wages, overtime and missed breaks: Generally three years, or four years in some cases
Workplace civil rights claims under FEHA: Generally three years from the last unlawful act to file with the CRD, then one year from the date on the notice to file suit

Your deadline depends on the facts of your case. Mr. Feder can identify which of these deadlines apply to your claims.

Learn More About Your Legal Rights And Options

Call us at 415-391-9476 or contact our San Francisco employment law attorneys for a case assessment by completing the online consultation form. We can help you understand your options for advancing your claim.

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