Protecting California Workers' Rights
We represent employees in discrimination, harassment, wrongful termination, retaliation, and wage and hour matters across California.
California employees are protected against workplace discrimination, harassment, retaliation, wrongful termination, and wage theft under laws including the Fair Employment and Housing Act (FEHA), Title VII of the Civil Rights Act, the California Labor Code, and the Private Attorneys General Act (PAGA). Trujillo & Winnick LLP represents workers pursuing these claims in California state and federal courts.
Claims We Evaluate
Discrimination
- Race, national origin, and ethnicity discrimination
- Sex and gender discrimination
- Pregnancy and family status discrimination
- Age discrimination (40 and over)
- Disability discrimination and failure to accommodate
- Sexual orientation and gender identity discrimination
- Religious discrimination
These claims arise primarily under California’s Fair Employment and Housing Act (FEHA) and, in many cases, federal law including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).
Harassment
- Sexual harassment (quid pro quo and hostile work environment)
- Harassment based on any protected characteristic
- Supervisor and co-worker harassment
- Failure to prevent or remedy harassment
Retaliation
- Retaliation for reporting discrimination or harassment
- Retaliation for filing a complaint with a government agency
- Whistleblower retaliation under California Labor Code section 1102.5 and federal law
- Retaliation for requesting leave or accommodation
Wrongful Termination
- Termination in violation of public policy
- Constructive discharge
- Breach of implied employment contract
- Termination connected to protected activity
Wage and Hour
- Unpaid overtime and minimum wage violations
- Meal and rest break violations
- Misclassification as an independent contractor or exempt employee
- Class and representative actions under the Private Attorneys General Act (PAGA)
Wage and hour claims arise under the California Labor Code and applicable Industrial Welfare Commission (IWC) Wage Orders, and in some cases the federal Fair Labor Standards Act (FLSA). Misclassification is analyzed under the “ABC test” adopted in Dynamex and codified by Assembly Bill 5 (AB 5).
How Employment Cases Work
Most California discrimination, harassment, and retaliation claims require first filing an administrative charge with the California Civil Rights Department (CRD, formerly the DFEH) — and, for federal claims, the Equal Employment Opportunity Commission (EEOC) — and obtaining a right-to-sue notice before a civil lawsuit may proceed. We evaluate the facts, preserve evidence, handle the administrative steps, and pursue accountability through negotiation, litigation, or trial.
Employment claims are subject to strict deadlines that vary by claim type and by whether the claim is brought under state or federal law. Because missing a deadline can bar a claim, it is important to consult an attorney promptly.
Outcomes depend on the specific facts and law of each matter. Nothing on this page constitutes legal advice or a guarantee of results.
Frequently Asked Questions
What types of employment claims do you handle?
We evaluate discrimination based on protected characteristics such as race, sex, age, disability, and religion; sexual harassment; wrongful termination; retaliation for complaints or protected activity; and wage and hour violations including unpaid overtime and missed meal and rest breaks, under FEHA, Title VII, and the California Labor Code.
Do I have to file with a government agency before suing?
Usually yes. Most FEHA discrimination, harassment, and retaliation claims require filing a charge with the California Civil Rights Department (CRD) and obtaining a right-to-sue notice first; federal claims generally require a charge with the EEOC. Wage and hour claims may follow different procedures. An attorney can identify the correct path.
Is there a deadline to file an employment claim in California?
Yes. Employment claims are subject to strict, claim-specific deadlines, including administrative filing periods for FEHA and Title VII claims and statutes of limitations for wage and Labor Code claims. Because these deadlines vary and can be short, it is important to consult an attorney promptly.
Do I have to pay anything upfront?
Employment matters are evaluated case by case. Some may be handled on a contingency-fee basis depending on the case type, facts, conflicts review, and a written engagement agreement. Fee arrangements, including responsibility for costs, are confirmed in writing before representation begins.
What laws protect employees in California?
Key protections come from California's Fair Employment and Housing Act (FEHA), the California Labor Code, and the Private Attorneys General Act (PAGA), alongside federal laws such as Title VII, the ADA, the ADEA, and the Fair Labor Standards Act (FLSA). Which apply depends on the employer, the conduct, and the claim.