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California Employment Lawyers for Employees

Fair treatment at work is not a favor. It is the law.

Corcoran Smith Law Corp. represents California employees in workplace discrimination, harassment, retaliation, disability accommodation and medical leave, wrongful termination, severance, and unpaid wage matters. Start with a flat-fee Employee Rights Assessment: a written analysis of your claims and a demand letter to your employer on firm letterhead.

Call 24/7: (415) 275-1492 Book a Free Consultation

Our intake desk answers 24 hours a day, 7 days a week. Free consultation. Serving employees throughout California.

We hold employers to the rights you already have.

You give your employer your best hours, your best years, and time you would rather spend with your family. That is too much to give to be treated unfairly when it matters most. And if something at work has gone wrong, you are probably carrying it by yourself: turning it over at the kitchen table, after everyone else is asleep, wondering whether it is worth fighting. You do not have to carry it alone, and you should not decide anything this important without knowing where you actually stand.

Most people who call us are still employed. They are on medical leave, waiting on an accommodation that never came, holding a severance agreement with a signing deadline, or watching a performance file get built after they complained about something. They want to know what actually happened to them, what the law says about it, and what it will cost to do something about it.

That is the question we answer first. We begin every employment matter with a written assessment of your rights, delivered to you, so that you decide what happens next with the analysis in hand, the deadlines mapped, and someone in your corner.

Call 24/7: (415) 275-1492

When to call an employment lawyer

These are the situations we hear most often. If one of them describes yours, timing usually matters more than you think.

  • You asked for an accommodation and got silence, delay, or a demotion.

    California requires an employer to engage in a timely, good-faith interactive process and to reasonably accommodate a known disability. A policy capping leave at a fixed number of months does not end that obligation.

  • Your medical or family leave is running out and your employer is talking about ending your employment.

    Extending a leave, holding a position open, or reassigning you to a vacant position can each be a reasonable accommodation. Employers frequently treat a leave cap as automatic when it is not.

  • You complained, and your reviews got worse.

    Escalating scrutiny, a sudden negative evaluation, an undocumented "informal" corrective action, or a changed schedule after a complaint is the pattern retaliation cases are built on.

  • You were told to change who you are to fit in.

    Comments about your voice, your manner, your accent, your background, your religious observance, your pregnancy, or your age are evidence, not personality feedback.

  • You were fired, pushed out, or made to quit.

    Wrongful termination, constructive discharge, and separations presented as restructurings each carry their own proof requirements and their own deadlines.

  • You were handed a severance agreement with a deadline.

    A release signed without review can extinguish claims worth far more than the severance offered, and California limits what a separation agreement may lawfully require you to give up.

  • Your paycheck is wrong.

    Unpaid overtime, missed meal and rest periods, off-the-clock work, unreimbursed expenses, misclassification as exempt or as a contractor, unpaid commissions, or a final paycheck that never came.

  • Your employer will not give you your own records.

    California gives employees a right to their personnel file and payroll records on written request, with deadlines the employer must meet.

Facing a separation date, a severance signing deadline, or a leave about to expire?

Tell our intake desk when you call. We triage urgent timing first, any hour of the day.

Call (415) 275-1492

Employee-side practice

California employment claims we handle

We handle employee-side claims under California and federal law, most of them arising under the California Fair Employment and Housing Act (FEHA) and the California Labor Code.

  • Disability Accommodation & the Interactive Process

    Failure to accommodate a known disability or medical condition. Failure to engage in a timely, good-faith interactive process. Refusal to consider a reduced schedule, modified duties, remote work, a finite leave extension, or reassignment to a vacant position. Retaliation for requesting an accommodation. Return-to-work and "100 percent healed" policies.

  • Medical, Family & Protected Leave

    Interference with and retaliation for leave under the California Family Rights Act, the federal Family and Medical Leave Act, Pregnancy Disability Leave, the Pregnant Workers Fairness Act, and California paid sick leave. Reinstatement and equivalent-position rights. Employer leave plans and extended absence policies, including how a leave cap is calculated and whether it was applied correctly.

  • Workplace Discrimination

    Adverse treatment because of a protected characteristic, including disability, medical condition, race, color, national origin or ancestry, religion, sex, gender, gender identity or expression, sexual orientation, pregnancy, age, and military or veteran status, together with sex stereotyping, association, and perceived-status claims. See the full list of protected classes below.

  • Harassment & Hostile Work Environment

    Quid pro quo harassment and hostile work environment claims, including conduct by supervisors, coworkers, customers, and vendors. Employer liability for failing to take reasonable steps to prevent harassment, and the adequacy of the investigation that followed your complaint.

  • Retaliation & Whistleblower Claims

    Retaliation for opposing discrimination or harassment, for requesting an accommodation, for taking protected leave, for reporting wage violations, or for refusing to participate in unlawful conduct. California Labor Code whistleblower protections, including health and safety complaints, apply their own burden framework, which is often more favorable to the employee.

  • Wrongful Termination & Constructive Discharge

    Termination in violation of fundamental California public policy. Constructive discharge where conditions were made objectively intolerable. Implied contract and good-cause claims where an employer's policies, promises, or course of conduct displaced at-will employment. Layoffs and restructurings that selected the wrong person.

  • Unpaid Wages & Overtime

    Unpaid wages and overtime, minimum wage, off-the-clock and remote work, meal and rest period violations and premium pay, expense reimbursement, misclassification as exempt or as an independent contractor, commissions and bonuses, regular-rate miscalculations, inaccurate wage statements, final pay and waiting-time penalties, and Equal Pay Act claims.

  • Severance, Releases & Separation Terms

    Review and negotiation of severance agreements, releases, non-disparagement, confidentiality, no-rehire, reference, and equity terms, including the California limits on what a settlement or separation agreement may lawfully require you to give up.

  • Arbitration & Forum

    Whether you signed an arbitration agreement, whether it is enforceable, who pays, what it does to discovery and to a jury, and what exceptions may apply. This question often determines the value of a case, and it should be answered before anything is filed.

Timing

California employment law deadlines

Employment deadlines are shorter and stranger than most people expect, and several run from events that do not feel like legal events at all. These are general rules with exceptions. Only a review of your facts can tell you which dates apply to you.

Key filing periods in California employment matters
Step Period What it means
File an intake form with the California Civil Rights Department 3 years In employment cases the intake form must be submitted within three years of the date you were last harmed. Because the window is measured backward from the day you file, every week of delay forfeits another week of conduct at the far end.
File suit after a state Right-to-Sue notice 1 year Once the department issues a Right-to-Sue notice it will not investigate your complaint, and a lawsuit must be filed within one year of the date of that notice.
File a federal EEOC charge 300 days A federal charge is separate. The state department will not file with the EEOC for you. In California a charge generally must be filed within 300 calendar days of the discriminatory act.
File suit after a federal Right-to-Sue notice 90 days Once the EEOC issues a Notice of Right to Sue, suit must be filed within 90 days.
Employer response to a personnel records request 30 days On written request an employer must make your personnel records available no later than 30 calendar days after receiving the request.
Employer response to a payroll records request 21 days An employer must comply with a request to inspect or copy payroll records no later than 21 calendar days from the date of the request.

Nothing you do internally stops the clock. An internal complaint, an HR investigation, a demand letter, a mediation, or a settlement discussion does not extend a filing deadline of its own force. A FEHA lawsuit also requires that you first file with the Civil Rights Department and obtain a Right-to-Sue notice.

If a deadline is close, call now. Our intake desk is staffed 24 hours a day: (415) 275-1492

Where to start

Employee Rights Assessment

The Employee Rights Assessment is a flat-fee, limited-scope engagement that produces written work product you own, whether or not anyone ever files a lawsuit. You get a written analysis of your rights and a letter that puts your employer on notice, on firm letterhead, for a price agreed in writing before we begin.

Why we start here

  • You get a decision, not a screening call.

    The memorandum tells you what your claims are, what your employer will argue, what evidence you still need, what the realistic remedies are, and which deadline is closest. That is what makes the decision to press forward an informed one.

  • A well-built demand letter often ends the matter.

    Employers respond differently to a letter that cites the record, identifies the specific obligations at issue, and demands the documents the company must produce by statute. Many matters resolve at this stage. When one does not, the same work becomes the foundation of the case.

  • Deadlines run whether or not you are ready.

    An internal complaint does not extend a filing deadline. Neither does an HR investigation, a demand letter, or a settlement discussion. Mapping the timeline early is often the single most valuable thing an assessment does.

What you receive

  • A written Employee Rights Assessment Memorandum

    Your chronology, the documents we reviewed and the ones still missing, each potential claim with the facts that support it and the facts that cut against it, the defenses your employer is likely to raise, the deadlines we can identify, your realistic remedies, and staged recommendations.

  • One demand letter on firm letterhead

    To your employer under California law, or comparable third-party correspondence, up to five pages. It can request an accommodation and interactive process, demand your personnel and payroll records, place a litigation hold, and put your claims on the record.

  • Work product you own

    Yours to use whether you negotiate, file with the Civil Rights Department, proceed to litigation, or decide to wait.

Employee Rights Assessment at a glance
Fee structure One flat fee for the engagement, not hourly billing. The amount depends on the complexity of your matter, so we quote it during your free consultation and confirm it in writing before you engage us.
Payment Paid in installments across the engagement, set out in the written engagement agreement.
Turnaround 30 calendar days standard. Seven-business-day expedited option available for an additional flat fee.
You receive A written Employee Rights Assessment Memorandum and one demand letter to your employer on firm letterhead.
Revisions Up to two rounds on the included work products, plus one certified mailing.
What happens next Your choice. Continued negotiation or litigation is a separate decision made after you have read the memorandum.

One flat fee.

The Employee Rights Assessment is charged as a single flat fee, not by the hour. Because the fee depends on the complexity of your matter, we quote it during your free consultation and confirm it in writing before you engage us.

Get your quote: (415) 275-1492

If the matter continues

After the assessment: hourly, contingency, or hybrid

If you decide to continue, and we agree to take the next phase, we offer the fee structure that fits your matter. That depends on the strength of the claims, your damages, your employer's ability to pay, and whether your case is headed to arbitration or to court. We explain the trade-offs and put the arrangement in writing before any further work begins.

  • Hourly

    You pay for time actually worked, at the rates set out in our engagement agreement. This fits matters where the goal is a negotiated outcome, a records fight, an accommodation you still want, or a severance you want improved: situations where a percentage of a recovery is the wrong measure of the work. You keep full control of scope and spend.

  • Contingency

    We are paid a percentage of what we recover for you, and nothing if there is no recovery. You remain responsible for case costs, which we discuss and cap in advance. We offer contingency where the claims and provable damages support it and the employer can pay a judgment.

  • Hybrid

    A reduced hourly rate combined with a reduced contingency percentage. This shares the risk between us. It fits matters that are strong on the law but whose damages are uncertain, and matters where a fee-shifting statute may ultimately shift some of the cost to the other side.

On fee-shifting

On FEHA claims, a court has discretion to award reasonable attorney's fees and costs to a prevailing employee, while a prevailing employer generally cannot recover fees unless the court finds the action was frivolous, unreasonable, or groundless when it was brought. Cal. Gov’t Code § 12965(c)(6). That asymmetry is frequently the largest single component of an employer's risk, and it is one reason employers resolve meritorious cases.

Discuss your options: (415) 275-1492

From the first call

How it works

  1. Call our intake desk, any hour

    Call (415) 275-1492. Someone answers 24 hours a day, 7 days a week. We will listen to what happened, identify the issues we can see immediately, flag anything urgent, whether a signing deadline, a separation date, a leave about to expire, or a record you need to preserve, and explain how an Employee Rights Assessment would apply to your situation. There is no charge for the consultation.

  2. Engagement and onboarding

    If the assessment is the right fit, we send a written engagement agreement stating the flat fee, the deliverables, and the turnaround. You then complete an intake questionnaire and upload your documents: offer letter, handbook, evaluations, complaints, correspondence, medical and leave records, pay records, and any severance or arbitration agreement.

  3. Review, research, and analysis

    We build your chronology, inventory what you have and identify what is missing, map every deadline we can calculate, analyze each potential claim against the elements and the defenses, and assess damages and recovery realistically, including whether pursuing a claim makes economic sense, which is a separate question from whether it is legally viable.

  4. Delivery

    You receive the Employee Rights Assessment Memorandum and your demand letter for review, with up to two rounds of revisions and one certified mailing to your employer. We walk you through both.

  5. Your decision

    Negotiate, file with the Civil Rights Department, proceed to litigation or arbitration, or hold for now. If we go forward together, we agree on an hourly, contingency, or hybrid arrangement in writing first.

California and federal law

Protected classes under California and federal law

What are the protected classes in California?

California's Fair Employment and Housing Act makes it unlawful for an employer to take an adverse action against a person because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status. Cal. Gov’t Code § 12940(a). Sex includes pregnancy, childbirth, breastfeeding, and related medical conditions. Age protection applies to workers 40 and over.

California protects more characteristics than federal law does, and it reaches far smaller employers. Separate California statutes also protect criminal history, off-duty cannabis use, and status as a victim of violence. If a characteristic below describes you, and something at work changed because of it, call (415) 275-1492.

California reaches employers that federal law does not

FEHA defines an employer as a person regularly employing five or more people, so California discrimination protections apply to far smaller workplaces than Title VII, which generally requires fifteen employees, or the ADEA, which generally requires twenty. For harassment, FEHA reaches employers of one or more employees, and the individual who harassed you can be held personally liable for their own conduct. If you were told your employer is too small for the law to apply, that is worth a second look.

Protected characteristics: California compared with federal law
Protected characteristic California (FEHA) Federal law
Race, color Protected. Includes traits historically associated with race, such as hair texture and protective hairstyles. Protected under Title VII and Section 1981.
National origin, ancestry Protected. Includes language restrictions and accent-based treatment. Protected under Title VII.
Religion, creed Protected, including dress and grooming practices, with a duty to accommodate religious observance. Protected under Title VII, with a duty to accommodate.
Sex, gender Protected. Includes pregnancy, childbirth, breastfeeding, and related medical conditions, and sex stereotyping. Protected under Title VII and the Pregnancy Discrimination Act.
Sexual orientation Expressly protected by statute. Protected under Title VII as discrimination because of sex.
Gender identity, gender expression Expressly protected by statute. Protected under Title VII as discrimination because of sex.
Age Protected for workers 40 and over. Protected for workers 40 and over under the ADEA.
Disability, physical and mental Protected, with duties to accommodate and to engage in the interactive process. California's definition is broader than the federal one. Protected under the ADA, with a duty to accommodate.
Medical condition Protected, defined to include cancer-related conditions and genetic characteristics. Addressed through the ADA and GINA rather than as a separate category.
Genetic information Expressly protected by statute. Protected under GINA.
Marital status Expressly protected by statute. No general federal counterpart.
Military or veteran status Expressly protected by statute. Protected under USERRA for service members and returning veterans.
Reproductive health decisionmaking Expressly protected by statute. No general federal counterpart.
Pregnancy accommodation and leave Protected through Pregnancy Disability Leave and FEHA accommodation duties. Protected under the Pregnant Workers Fairness Act and the Pregnancy Discrimination Act.
Criminal history Restricted under the Fair Chance Act. Employers with five or more employees generally may not ask about or consider criminal history before a conditional offer, and must conduct an individualized assessment before withdrawing one. Addressed indirectly through disparate-impact analysis under Title VII.
Off-duty cannabis use Protected since January 1, 2024, subject to statutory exceptions including building and construction trades, federal security clearances, and use or impairment at work. No federal counterpart.
Association with a protected person Protected. Discrimination because of your association with someone in a protected class is unlawful. Recognized under the ADA and, in circumstances, Title VII.
Perceived status Protected. It is unlawful to act on a characteristic the employer believes you have, whether or not you have it. Recognized under the ADA and, in circumstances, Title VII.

Not sure which protection fits your situation? That is what the free consultation is for. Call (415) 275-1492, 24 hours a day.

Attorney-led

Your attorneys

Employment cases are decided on the record, and building a record rewards experience. Corcoran Smith Law Corp. is a small firm by design: the attorneys who take your call are the attorneys who build your case. Between them they bring a federal district court clerkship, complex litigation at a global firm of more than 1,000 lawyers, more than thirty jury trials as a San Francisco prosecutor, and degrees from Berkeley Law, George Washington Law, and the Harvard Kennedy School. Both are veterans, and both have spent their careers on cases where the record, not the rhetoric, decided the outcome.

Client reviews

What our clients say

4.9 · 21 Google reviews
  • Attorney Jacobs was diligent, patient, knowledgeable and detailed in assisting me. Thank you Nick for your help with my legal matters. I highly recommend Nick Jacobs to anyone seeking legal assistance.
    Crocks Supreme October 2024 · Google
  • I am very grateful to Corcoran Smith Law Corp for their outstanding support with my legal matter. From the very beginning, my lawyer took the time to truly listen to my concerns and explained everything clearly so I could understand the process. Nick was patient, compassionate, and always kept me updated, which gave me peace of mind during a very stressful time. His communication was excellent. I never felt left in the dark and always knew what was happening with my case. I felt like I had someone genuinely on my side who cared about the outcome. I highly recommend him and the entire team at Corcoran Smith Law Corp for anyone who needs legal guidance. They are professional, knowledgeable, and dedicated to their clients.
    Rosheil Major August 2025 · Google
  • I highly recommend Nick J. and his team for creating our family trust. Nick was professional, knowledgeable, and easy to work with. He explained everything clearly and made the process simple for us. He took the time to answer all our questions and made sure we felt comfortable with every decision. We’re grateful for his help in setting up a trust that gives us peace of mind for the future. If you need someone you can trust to handle important legal matters, Nick J. is the person to call!
    gilberto jose November 2024 · Google
  • Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.
    Nagam Jabbar October 2024 · Google
  • My husband and I had an outstanding experience working with Nick Jacobs at Corcoran Smith Law. From our very first meeting, Nick made us feel comfortable and confident in the process of setting up our trust. He was incredibly knowledgeable, patient, and thorough—taking the time to explain every detail and answer all of our questions with clarity and care. Nick truly listened to our goals and concerns and guided us through each step with professionalism and kindness. What could have been a stressful experience was made smooth and seamless thanks to his expertise and calm approach. We are so grateful for his support and highly recommend Nick Jacobs and the entire team at Corcoran Smith Law to anyone in need of a trustworthy and skilled estate or trust attorney.
    Crystal Wilson August 2025 · Google
  • Corcoran smith law corp is very helpful and professional. I needed To find a probate lawyer, after contacting a few different options they were the best choice. Everyone I spoke to was very professional, kind, and really took the time to listen to what I needed, as well as direct me to the best person for the job. They were very helpful in dealing with my case and prompt with getting back to me. I would Recommend this company to anyone who needs to hire a probate lawyer as I truly feel they care about people and understand the process.
    Jean Copus May 2026 · Google
Read all reviews

Frequently asked

California employee rights: frequently asked questions

Call (415) 275-1492
  • Who does Corcoran Smith Law Corp. represent in employment matters?

    Corcoran Smith Law Corp. represents employees in California workplace disputes: discrimination, harassment, retaliation and whistleblower claims, disability accommodation and the interactive process, medical and family leave, wrongful termination and constructive discharge, severance and separation agreements, and unpaid wages and overtime. The firm serves clients throughout California, including the San Francisco Bay Area, Sacramento, Los Angeles, and San Diego, and its intake desk answers 24 hours a day at (415) 275-1492.

  • What is an Employee Rights Assessment?

    An Employee Rights Assessment is a flat-fee, limited-scope engagement in which we review your documents and facts and deliver two things: a written memorandum analyzing each potential claim, the defenses your employer is likely to raise, your deadlines, your realistic remedies, and recommended next steps; and one demand letter to your employer on firm letterhead. The assessment is charged as a single flat fee rather than by the hour. Because the fee depends on the complexity of your matter, we quote it during your free consultation and confirm it in writing before you engage us. Standard turnaround is 30 calendar days, with a seven-business-day expedited option. You own the work product whether or not anyone ever files a lawsuit.

  • What should I do first if something happened at work?

    Call (415) 275-1492. Preserve your documents and messages in their original form, note any deadline you have been given, and speak with a lawyer before signing a severance agreement, resigning, or letting a leave or filing deadline pass. California employment deadlines run from events that rarely feel like legal events, and an internal HR complaint does not extend them.

  • How much does an employment lawyer cost in California?

    Our Employee Rights Assessment is charged as a single flat fee rather than by the hour. Because the amount depends on the complexity of your matter, we quote it during your free consultation and confirm it in writing before you engage us, so you know the full cost before you commit to anything. One flat fee covers the written assessment memorandum and one demand letter to your employer, including up to two rounds of revisions and one certified mailing. If the matter continues after the assessment, we offer hourly, contingency, and hybrid arrangements, each agreed in writing first. Call (415) 275-1492 and we will quote your assessment on that call.

  • Can my employer fire me while I am on medical leave in California?

    Not for an unlawful reason, and not automatically because a leave policy has run out. Under FEHA, extending a leave, holding a position open, or reassigning an employee to a vacant position can each be a reasonable accommodation, and an employer must engage in a timely, good-faith interactive process before concluding that no accommodation exists. In our experience the decisive questions are how the leave period was calculated, whether the employer searched for a vacant position, and whether any interactive process actually occurred.

  • How long do I have to file an employment claim in California?

    For most FEHA claims, three years from the date you were last harmed to submit an intake form to the California Civil Rights Department. Once the department issues a Right-to-Sue notice, suit must be filed within one year of that notice. A federal EEOC charge generally must be filed within 300 calendar days, with suit to follow within 90 days of a federal right-to-sue notice. Wage claims, contract claims, and public policy claims run on their own schedules, which is why mapping your dates is one of the first things we do.

  • Do I have to file with the Civil Rights Department before suing my employer?

    Yes, for FEHA claims. A complaint with the California Civil Rights Department, and a Right-to-Sue notice from it, are prerequisites to a FEHA lawsuit. Filing means submitting an intake form, and the verified complaint the department later prepares relates back to the date the intake form was filed. That relation-back rule is why filing early preserves more of the conduct you can complain about.

  • Should I sign a severance agreement before talking to a lawyer?

    Have it reviewed first. A release is usually broader than it appears and can extinguish claims worth substantially more than the severance offered. California also limits what a separation or settlement agreement may lawfully require you to give up. Severance terms are frequently negotiable, particularly where the separation itself raises discrimination, retaliation, accommodation, or wage questions. Note the deadline in the document and call us before it runs.

  • What are the protected classes in California?

    California protects race, religious creed, color, national origin, ancestry, physical and mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran or military status. Cal. Gov’t Code § 12940(a). Sex includes pregnancy, childbirth, breastfeeding, and related medical conditions, and age protection applies to workers 40 and over. Separate California statutes also protect criminal history under the Fair Chance Act, off-duty cannabis use, and status as a victim of violence. California protects more characteristics than federal law does, and it is unlawful to act on a characteristic your employer believes you have even if you do not, or on your association with someone who has one.

  • How many employees must a company have before California discrimination law applies?

    Five, for discrimination claims, and one for harassment claims. FEHA defines an employer as a person regularly employing five or more people, well below the federal thresholds of fifteen employees under Title VII and twenty under the ADEA. For harassment, FEHA reaches employers of one or more employees, and the person who harassed you can be held personally liable for their own conduct. If you were told your workplace is too small for the law to apply, that is worth a second look.

  • What counts as retaliation at work in California?

    An adverse action taken because you engaged in protected activity. Protected activity includes opposing discrimination or harassment, requesting a disability accommodation, taking protected leave, reporting wage violations, participating in an investigation, and refusing to participate in unlawful conduct. Common evidence includes a sudden negative evaluation, escalating scrutiny, changed duties or metrics, a changed schedule, exclusion from meetings, an undocumented corrective action, a negative reference, or a separation that follows closely after a complaint. Timing alone is rarely enough, which is why we look for the decision maker's knowledge and for inconsistencies in the stated reasons.

  • Do I have to sue my employer?

    No. Most of our employment clients are still employed when they call, and many do not want litigation at any point. The assessment is designed to show you every option, including the ones that do not involve a courtroom. Negotiation, an accommodation request, a records demand, or a well-supported demand letter resolves a substantial share of these matters.

  • Does Corcoran Smith Law Corp. take cases on contingency?

    Yes, where the claims and provable damages support it. After the assessment we offer hourly, contingency, and hybrid arrangements, and we recommend the one that fits the matter rather than the one that fits the firm. Because the assessment comes first, that recommendation is made after we have read the actual record rather than before.

  • Do I need a lawyer to file a CRD complaint?

    No, but what you write on the intake form matters well beyond the agency file. Your employer will compare your intake description to your later pleadings and to your testimony, and theories omitted from the complaint can be lost. Naming every entity you intend to hold responsible, identifying each protected characteristic and protected activity, and stating the last date of harm accurately all protect the value of the case.

  • I signed an arbitration agreement. Is my case over?

    No. Whether an arbitration agreement was formed, whether it covers your claims, whether it is enforceable, who bears the costs, and whether an exception applies are all separate questions, and California courts do not enforce every agreement presented to them. Because the answer affects forum, discovery, and value, we look for the agreement early.

  • My employer's policy caps leave at a fixed number of months. Can it just end my employment?

    Not automatically. A neutral leave cap does not displace an employer’s obligation to reasonably accommodate a known disability or to engage in a good-faith interactive process, and extending a leave or reassigning an employee to a vacant position can each be a reasonable accommodation. How the cap was calculated, and whether any process occurred before it was applied, frequently matter more than the policy itself.

  • What is the interactive process?

    It is the discussion California law requires an employer to hold with an employee about accommodating a known disability. It is triggered when an employee has exhausted available leave and the employee or a health care provider indicates that further accommodation is needed. The employer must then grant the requested accommodation or, after due consideration, reject it and open a discussion of alternatives such as a reduced schedule, modified duties, remote work, a finite leave extension, or reassignment to a vacant position. A failure to engage in that process is its own violation, separate from a failure to accommodate.

  • Can I get my personnel file from my employer?

    Yes, on written request. California employees and former employees may inspect and obtain copies of their personnel records, which the employer must make available no later than 30 calendar days after receiving the written request, and their payroll records, which must be provided no later than 21 calendar days. We ordinarily include those requests in the demand letter, because the records the employer holds are usually the records that decide the case.

  • Do you handle unpaid wages and overtime as well as discrimination?

    Yes. Wage and hour issues frequently travel with discrimination and retaliation claims, because an employee who is overworked into a medical leave usually has both, and they carry their own penalties, deadlines, and fee provisions.

  • How long does an employment case take?

    An assessment takes 30 calendar days, or seven business days expedited. Beyond that it depends on the path. Matters that resolve by negotiation or settlement commonly take from six months to two years from filing, and matters that proceed to a verdict commonly take two to four years, with discovery the longest phase. The great majority of employment cases resolve before trial. Whether your matter is subject to arbitration changes this picture, which is another reason we look for that agreement early.

  • Where in California do you represent employees?

    Throughout the state. We serve employees in the San Francisco Bay Area, Sacramento and the Central Valley, Los Angeles and Orange County, San Diego, and the rest of California. Consultations are conducted by phone and video, so where you live does not limit whether we can help.

  • What should I bring to the consultation?

    Whatever you already have, in its original form. Offer letter, employment agreement, handbook and any acknowledgments, arbitration agreement, performance evaluations and your rebuttals, discipline records, your written complaints and any HR responses, medical and leave documentation, accommodation requests, pay stubs and time records, and any severance or separation paperwork. If you do not have them, call anyway. Part of what we do is get them.

Statewide

Serving employees throughout California

Corcoran Smith Law Corp. represents employees statewide. Consultations are conducted by phone and video, and our intake desk answers 24 hours a day at (415) 275-1492.

  • San Francisco
  • Oakland
  • San Jose
  • Sacramento
  • Los Angeles
  • San Diego
  • Fresno
  • Long Beach
  • Bakersfield
  • Riverside
  • Santa Clara County
  • Alameda County
  • Contra Costa County
  • San Mateo County
  • Orange County
  • Statewide

Call now. Find out where you stand.

You do not have to decide today whether to bring a claim. You do have to find out where you stand while the deadlines are still open and the records still exist.

Our intake desk answers 24 hours a day, 7 days a week. The consultation is free, and it is the fastest way to learn how an Employee Rights Assessment applies to your situation.

Call 24/7: (415) 275-1492 Book a Free Consultation

Free consultation · Flat-fee assessment quoted on the call · Serving employees throughout California

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This page provides general information about California employment law and about the services Corcoran Smith Law Corp. offers to employees. It is not legal advice, and it does not create an attorney-client relationship. Deadlines and legal standards vary with the facts of each matter and change over time. No result is guaranteed, and prior results do not guarantee a similar outcome. An attorney-client relationship is formed only by a written engagement agreement signed by both the client and the firm.

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