San Diego Employment Law Lawyers

At the Kalafer Law Corporation in San Diego, California, our attorneys assist working people with the many legal aspects of employment law. Our lawyers represent clients with cases related to sexual harassment, discrimination, wrongful termination and whistleblowers, to name a few. If you are experiencing a hostile environment at your workplace, or if you feel you were fired without just cause, you should speak with an experienced employment law attorney as soon as possible.

If you are being harassed, or otherwise mistreated at work, contact the Kalafer Law Corporation today. Our law firm assists clients with matters of employment law in Chula Vista, El Cajon, Oceanside, Del Mar, Encinitas, Rancho Santa Fe, and Carlsbad, and throughout San Diego County.

Employment Law, Employee - An Overview

Employment law covers the relationships between employers and their employees, as well as their potential employees and former employees. Both federal and state laws control various aspects of the employer/employee relationship, and each side's rights and obligations. Because of the complexity of the employment relationship, this area of law involves issues as diverse as discrimination claims and record-keeping, taxation and workplace safety.

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Independent Contractors

Independent contractors perform compensated work for businesses and individuals, but they are not considered to be employees. These non-employment relationships are based on an oral or written arrangement between the business and the contractor. If written, this contract may provide specific standards for the work in question and establish the pay rate for that work. Businesses that hire contractors do not withhold federal or state income taxes or social security from independent contractor payments, and they do not have unemployment or workers' compensation expenses for those workers. Independent contractors have more freedom over their work and the ability to contract with a range of businesses, but they do not receive many of the legal protections that employees do. If you are a business or a worker involved in or considering an independent contractor arrangement, you should learn all the legal consequences for both sides. Contact an experienced employment law attorney to discuss your situation.

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Privacy Issues at Work

Technology is a boon to business, but it also raises complicated privacy issues in the workplace. It is virtually impossible to conduct business today without using a computer, and technology has enabled employers to monitor virtually every aspect virtually all workplace communications made by employees using computers. Many companies today take advantage of technology to monitor their employees' use of the Internet and to check employee e-mail. While employees may feel this monitoring is a violation of their privacy, it is allowed by law. Other employee activities (such as private conversations) have more protections, while certain physical spaces (like locked desk drawers) may also receive privacy protections. Specific activities (like drug use) may lead to legal employer testing. To help you determine what is and isn't private in the workplace, contact an employment lawyer to discuss the validity of your company's privacy policies and procedures.

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Unions

Unions exist for the sole purpose of representing workers in collective bargaining agreements with their employers. Collective bargaining is the process of negotiation between an employer and a group of employees to determine the conditions of employment. The result of those efforts is the collective bargaining agreement. This collective bargaining agreement will be the starting place for resolving disputes between the employer and its employees. Collective bargaining and union organization is governed by a federal law, the National Labor Relations Act (NLRA). If you are organizing a workplace or engaging in collective bargaining from either side of the table, contact a labor lawyer for experienced counsel on union issues.

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The Hiring Process

Applicants for employment positions have rights even before they become employees. Under federal law, an employer may not illegally discriminate in its hiring process based on race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may specify additional protected classes based on issues such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing the ad to interviewing, to the final selection of the candidate to hire. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A valid and necessary job requirement constitutes a valid BFOQ. If you are concerned about discrimination in hiring, contact an employment lawyer to discuss your situation.

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