Wilshire Law Firm represents workers in Oakland and across California whose rights have been violated by employers, helping them understand their protections under state and federal law.
Employment Law in Oakland and Alameda County
Oakland has a large and economically diverse workforce spanning healthcare, education, logistics, the public sector, and technology. Workers in these sectors are protected by California’s Fair Employment and Housing Act (FEHA), the California Labor Code, and applicable federal employment laws. Alameda County workers also benefit from Oakland’s own municipal workplace protections, including local minimum wage and paid sick leave ordinances that exceed state minimums in some respects.
When employers violate these protections, whether through discrimination, harassment, retaliation, or wage theft, workers have legal options. Wilshire Law Firm helps Oakland employees understand what the law requires and what steps are available to them.
Employment Law Claims Wilshire Law Firm Handles
Wrongful Termination
California is an at-will employment state, meaning employers can generally terminate employees without cause. However, terminations that violate public policy, breach an employment contract, or are based on discriminatory reasons are not lawful. Common wrongful termination claims involve firings that follow a protected complaint, a request for medical leave, or a worker’s assertion of their legal rights.
Workplace Discrimination
FEHA prohibits discrimination based on race, color, national origin, sex, gender identity, sexual orientation, age, disability, religion, and other protected characteristics. Discrimination can take many forms, including biased hiring decisions, unequal pay, denial of promotions, and targeted disciplinary action. Oakland employers, including large public agencies and private companies, are subject to these protections.
Sexual Harassment
California law prohibits sexual harassment in the workplace and requires employers to take reasonable steps to prevent it. Workers who have experienced quid pro quo harassment or a hostile work environment created by sexual conduct may have claims against their employer, the individual harasser, or both. Wilshire Law Firm handles sexual harassment cases as part of its broader employee rights practice.
Wage and Hour Violations
California has some of the most employee-protective wage and hour laws in the country. Workers in Oakland are entitled to the applicable minimum wage, overtime pay for hours worked beyond 8 in a day or 40 in a week, meal periods of at least 30 minutes for shifts over five hours, and rest breaks of at least 10 minutes for every four hours worked. Violations by Oakland employers, particularly in industries like healthcare, retail, and logistics, are common.
Workers can file wage claims with the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner, or pursue civil litigation. Wilshire Law Firm can help workers understand which route may be appropriate based on their specific situation.
Retaliation
California law protects workers who report illegal conduct, file workplace complaints, or assert their legal rights from retaliation by their employer. Protected activities include reporting wage theft, filing a harassment complaint, requesting accommodation for a disability, and taking protected medical leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).
Failure to Accommodate
Employers in California are required to provide reasonable accommodations to employees with disabilities or serious health conditions, unless doing so would cause undue hardship. They are also required to engage in a good-faith interactive process with the employee to identify possible accommodations. Failure to do either of these things may give rise to a legal claim.
Filing a Workplace Claim in California
Depending on the nature of the violation, a worker in Oakland may file a complaint with the CRD for discrimination or harassment claims, with the DLSE for wage and hour claims, or with the Equal Employment Opportunity Commission (EEOC) for federal claims. An attorney can help determine which agency is appropriate and ensure that administrative filing deadlines are met before pursuing litigation.
California imposes strict deadlines on employment claims. For FEHA-based claims, a worker typically has three years from the last act of discrimination or harassment to file a complaint with the CRD. Wage claims have their own separate deadlines. Early consultation with an attorney helps preserve options and evidence.
What to Expect from a Consultation with Wilshire Law Firm
An initial consultation with Wilshire Law Firm is confidential and focused on understanding your situation. An attorney will ask about the conduct you experienced, your employer’s response, and the timeline of events. You will receive a clear explanation of what the law says about your situation and what options may be available to you.
Wilshire Law Firm works on a contingency basis for employment cases, meaning no fees unless you get paid. Cost is not a barrier to getting a legal assessment of your workplace claim.