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Employment Law

Wrongful Termination

An action for wrongful termination arises where the employer violates a public policy that is based on a constitutional or statutory provision. If your employment has been terminated because you took a medical leave, complained about unsafe work conditions, disclosed your wages, or refused to engage in unlawful conduct, you may have a wrongful termination claim.

Additionally, if you were terminated because of your race, religion, national origin, physical or mental disability, medical condition, gender, age, or sexual orientation, you may have a claim for discrimination as well as a claim for wrongful termination.

If you feel that you have been wrongfully terminated, you should contact us to help you determine if you have a wrongful termination claim.

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Discrimination

It is well settled law that an employer must treat you equally regardless of your race, religion, national origin, physical or mental disability, medical condition, gender, age, or sexual orientation. If you feel that you have been denied employment, terminated from your employment, denied a raise or benefits, or a leave of absence as a result of your race, religion, national origin, physical or mental disability, medical condition, gender, age, or sexual orientation, you should contact us to help you determine if you have a discrimination claim.

Sexual Harassment

It is unlawful for a supervisor or co-worker to create a hostile work environment or make sexual advances at work. Sexual harassment need not be based on sexual desire, it can me male on male or female on female as well. Some examples of sexual harassment are:

Unwelcome touching of a sexual nature
Making sexual advances (verbally or non-verbally)
Making offensive comments
Displaying sexually explicit images/videos/cartoons/objects

If you feel that you are a victim of sexual harassment, you should contact us to help you determine if you have a sexual harassment claim.

Wage Violations

Off the Clock

Making employees work off the clock or rounding time at the beginning or end of the shift

Making employees clock out for lunch but still making them work

Overtime

Not paying time and a half for time over 8 hours in a day or 40 in a week

Not including commission, bonuses, or other compensation in to the overtime rate

Meal Breaks

Not providing employees with an uninterrupted 30 minute meal period before the fifth hour of their shift where they are free to leave the work premises

Not paying an extra hour of pay for every missed meal break

Rest Periods

Not providing employees with an uninterrupted 10 minute rest break where they are free to leave the premises for every 4 hours worked or major fraction thereof.

Wage Statements

Not providing all required information on paystubs (such as total hours worked, pay rates, employer name and address, etc.)

Expenses

Not reimbursing employees for all their expenses

Frequently Asked Questions

What types of California employment law claims may involve wrongful termination?

California employment law claims involving wrongful termination may arise when an employee is fired for an unlawful reason, such as reporting illegal conduct, refusing to violate the law, taking protected leave, complaining about unpaid wages, or opposing workplace discrimination. A termination may also raise concerns if it follows soon after a worker requests accommodations, reports harassment, or participates in a protected workplace investigation. In Santa Ana, Los Angeles, San Diego, and throughout California, timing, documentation, and the employer’s stated reason for the firing can all be important. An attorney can help determine whether the termination violated public policy, anti-retaliation protections, or other employee rights.

How can California employees prepare before meeting with an employment law attorney?

California employees can prepare for a meeting with an employment law attorney by gathering pay stubs, schedules, written policies, emails, text messages, disciplinary notices, termination letters, and notes about important conversations. Workers in Santa Ana, Los Angeles, and San Diego should also write down dates, names of supervisors, witness information, and any changes that happened after they complained or asserted workplace rights. This preparation can help an attorney identify whether the issue involves employment law claims such as unpaid wages, retaliation, discrimination, harassment, or wrongful termination. Clear records can also make it easier to evaluate deadlines and possible remedies.

When should employees in San Diego contact an attorney about workplace discrimination or retaliation?

Employees in San Diego should contact an attorney when they believe workplace discrimination or retaliation affected their pay, schedule, duties, promotion opportunities, discipline, or continued employment. California employment law protects workers from unlawful treatment based on protected characteristics and from punishment for reporting certain workplace violations. If the employer’s actions changed after a complaint, medical request, wage dispute, or harassment report, that timeline may be important. For help reviewing your rights and next steps, reach out to Nantha & Associates so we can evaluate the facts and explain potential options.

Additional Information in California

California Labor Commissioner - How to File a Wage Claim: Explains how California workers can file a wage claim for unpaid wages, unpaid benefits, meal and rest break violations, reimbursements, and related wage issues. This resource is especially useful for employees in Santa Ana, Los Angeles, San Diego, and throughout California who need to understand what information to gather, how filing works, and what deadlines may apply before pursuing an employment law claim.

U.S. Department of Labor - Overtime Pay: Explains federal overtime rules under the Fair Labor Standards Act, including when covered nonexempt employees must receive overtime pay. While California employment law often provides additional protections, this federal resource is useful for comparing wage and hour requirements and understanding how overtime issues may arise for workers in Los Angeles, Santa Ana, San Diego, and across the country.

OSHA Laws and Regulations: Provides official information on OSHA workplace safety and health standards, including employer compliance obligations, the General Duty Clause, industry-specific standards, rulemaking updates, Federal Register notices, and enforcement resources. This page is useful for employees and employers who need to understand how federal safety regulations are created, applied, and enforced in the workplace.

Kashif Haque, Esq. Of Counsel

Employment law Attorney

Mr. Haque has obtained millions of dollars on behalf of his clients through trial, arbitration and settlement. As a result of his success in and out of the courtroom, he has been selected as one of the Top 50 Attorneys in Orange County by Super Lawyers/Thomson Reuters. He has been named one of the Top Five Employment Attorneys in Orange County by OC Register/Metro every year from 2012 through 2016. The publishers of Los Angeles Magazine and Law & Politics Magazine have selected Mr. Haque as a “Super Lawyer” every year from 2009 through 2016; this honor is limited to the top 2.5% of all lawyers in California. He maintains a perfect 10/10 rating with Avvo (a leading lawyer rating site) and was named one of the Top 100 Lawyers in America by The National Advocates.

Mr. Haque primarily handles class actions and represents employees in all aspects of employment litigation, which includes claims for wrongful termination, wage and hour violations, discrimination, retaliation, and harassment.

EDUCATION