San Diego Employment Litigation Attorneys For Employers

Overview:

California Employment Litigation Attorneys represent employers in disputes over termination, discrimination, unpaid wages, and retaliation. These cases are resolved in court, mediation, arbitration, or administrative proceedings before the DFEH or EEOC. Key statutes include California’s Private Attorneys General Act (PAGA) and wage statement regulations. Employers must meet strict procedural deadlines and preserve payroll and personnel records to defend these claims effectively.

When a lawsuit lands on your desk, or a DFEH or EEOC charge hits your inbox, the clock starts ticking. California’s labor laws are complex, the penalties are steep, and one misstep can snowball into a costly verdict or regulatory headache.

We represent employers. That’s our singular focus when it comes to employment litigation: to protect your business, your finances, and your ability to operate without fear. It doesn’t matter if you’re a small business with a handful of employees or a regional company with hundreds, our San Diego employment litigation attorneys are ready to step in and take the fight off your hands.

Defending Employers From Discrimination & Harassment Claims

Discrimination and harassment lawsuits can be devastating, not just financially, but reputationally. California’s Fair Employment and Housing Act (Gov. Code § 12900 et seq.) prohibits discrimination based on race, gender, disability, age, religion, sexual orientation, and other protected categories. Our San Diego employer discrimination defense lawyers handle:

DFEH & EEOC Administrative Charges

We respond swiftly to charges filed with the Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC). That includes position statements, internal investigations, and early settlement outreach when appropriate.

Workplace Harassment & Retaliation Lawsuits

We defend against claims involving hostile work environments, failure to accommodate disabilities, unlawful termination, and retaliation for whistleblowing or complaint-making activity.

Internal & Regulatory Investigations

When misconduct allegations trigger internal or regulatory review, we guide employers through compliant investigations, documenting findings, preserving privilege, and maintaining transparency without increasing liability.

Mediation & Conciliation Sessions

We represent employers during court-ordered or agency-driven resolution efforts, including conciliation conferences and formal mediation. A strong defense narrative and clear documentation are critical in these forums.

Key Tip: Preserve contemporaneous documentation, emails, performance reviews, witness notes. In discrimination defense, your paper trail is often your strongest weapon.

Wage & Hour Defense Against LA’s Most Aggressive Claims

No area of Californian employment law generates more lawsuits, or higher financial risk, than wage and hour violations. The California Labor Code is a minefield of technical requirements, and even small employers can face massive liability if they don’t get the details right. One missed meal break. One improperly issued wage statement. One misclassified worker. That’s all it takes to trigger a class action or a PAGA claim that spirals into six or seven figures.

Misclassification Of Employees As Exempt vs. Non-Exempt

We assess whether your classifications match up with Labor Code and Industrial Welfare Commission (IWC) standards, and we defend misclassification claims with documentation, policy analysis, and when needed, expert testimony.

Off-The-Clock Work & Unpaid Overtime

Plaintiffs may allege they performed unpaid hours over months or years, and damages can multiply fast. We confront these allegations head-on, reconstruct time records, and challenge unsupported assumptions about hours worked.

Missed Meal & Rest Breaks

California mandates rigid break schedules: a 30-minute meal break by the fifth hour and a 10-minute rest break every four hours worked. We audit your policies, defend penalty claims, and work to close compliance gaps before plaintiffs exploit them.

Inaccurate Wage Statements

Under Labor Code § 226, each wage statement must include nine specific items, from pay period dates to the employer’s legal name and address. We review your pay stubs line by line and defend technical violations with strategic leverage.

Our team of Wage & Hour defense attorneys doesn’t just respond to lawsuits; we work to neutralize them if possible before they gain momentum.

Individual Claims & Class Actions

Whether you’re dealing with a single aggrieved employee or a putative class of hundreds, we mount a rapid, data-driven response. We challenge class certification, argue exemption from penalties, and, when appropriate, seek early resolution to protect your bottom line.

Labor Commissioner Hearings

Wage claims under $50,000 often go through the Labor Commissioner’s streamlined process. But “streamlined” doesn’t mean harmless. We represent employers at the hearing stage, cross-examine witnesses, and preserve appellate rights if the award goes against you.

Settlement Negotiation Or Arbitration

We often resolve wage disputes through private arbitration or settlement, ideally before litigation becomes public or prohibitively expensive. We come to the table prepared, with liability estimates, damage models, and leverage based on procedural missteps by the plaintiff.

The Statutory Trap: Labor Code § 226 is one of California’s most unforgiving statutes. Even if you pay employees correctly, failing to list the total hours worked or employer address on the wage statement can trigger cascading penalties. Get your compliance house in order before a demand letter lands on your desk.

Wrongful Termination Defense: Strategic, Swift, & Decisive

When an ex-employee accuses your business of wrongful termination, the consequences go beyond legal exposure. Morale takes a hit. Hiring freezes. Your leadership decisions come under a microscope. Allegations of retaliation or bias, even when unfounded, can disrupt operations and expose you to financial and reputational risk.

California’s employment laws give broad protections to workers, but those protections are often misunderstood, misapplied, or misrepresented by plaintiffs hoping to trigger a high-dollar settlement.

We step in early, sometimes before the first court filing, to gather facts, secure records, and mitigate risk before it escalates. One of our seasoned San Diego wrongful termination defense lawyers will:

• Investigate and document the justification for discharge.
• Identify statutory safe harbors or preemption defenses.
• File demurrers or motions to strike improper claims.
• Prepare you for trial or arbitration.

Remember: Just because an employee was terminated does not make the action “wrongful.” But the burden often falls on the employer to show the decision was lawful, well-documented, and unrelated to any protected activity or classification. In California, it’s not enough to be right, you have to prove it. We help you do both.

Arbitration, Mediation & Administrative Defense

Not every employment dispute makes it to a courtroom, but that doesn’t mean you’re safe. Arbitration, mediation, and administrative hearings come with their own risks, rules, and reputational stakes. Employers often assume these forums are informal or low-risk. That’s a dangerous misconception.

A private arbitration panel can award six-figure damages just as easily as a judge. A DFEH investigator can refer your case for civil enforcement. A poorly handled mediation can lock you into a bad settlement, or worse, expose your company’s weaknesses before litigation even starts.

We don’t let that happen. When disputes move off the traditional litigation track, we pivot with purpose and precision.

We represent employers in:

• Mandatory arbitrations under private agreements (reviewed for enforceability under Lab. Code § 432.6 and the FAA).
• Administrative proceedings before the DFEH, EEOC, or Labor Commissioner.
• Mediation under the Civil Action Mediation Act (CCP § 1775.1 et seq.).

Avoiding Trial: Formal litigation isn’t the only place you can lose big. In many cases, structured mediation or arbitration can end the dispute faster and more affordably, but only if you’re prepared. Go in cold, and you’ll walk out disadvantaged. Go in with us, and you walk in with leverage.

PAGA Claims & Class Actions: High-Stakes, High-Risk

When an employee files a claim under the Private Attorneys General Act (PAGA), they’re suing as a proxy for the State of California. That changes everything. Penalties stack up fast, discovery expands, and settlement leverage shifts. And if a class action is involved, you’re no longer fighting a single complaint, you’re defending your entire payroll policy.

These are not routine cases. They’re strategic battles that demand immediate action and airtight compliance. We’ve seen businesses get blindsided by procedural missteps or assume that arbitration clauses will shut the door. They don’t. Not always. These claims require a tailored defense and fast.

Employers must navigate:

• 65-day notice periods and mandatory response protocols (Lab. Code § 2699.3).
• Enforceability of arbitration agreements post-AB 51.
• Certification challenges and discovery battles in class suits.
• Biweekly reporting of PAGA settlements to the LWDA.

Key Deadline: Miss the 65-day response window after receiving a PAGA notice, and your leverage evaporates. Delay costs more than money, it can cost you the case.

5 Critical Steps When You Receive A Complaint

1. Don’t Delay. You typically have 30 days to respond to a lawsuit. Missing that deadline can mean default.
2. Preserve Records. Lock down employee files, time records, and digital communications immediately.
3. Check Insurance. Employment Practices Liability Insurance (EPLI) may cover defense costs.
4. Do Not Contact The Plaintiff. Let counsel handle all communication.
5. Call Us. Early strategy is often the difference between dismissal and disaster.

Stay Ahead Of Litigation Risk

If your business has been sued, or you sense a claim may be coming, don’t wait for the other side to dictate the pace. Our San Diego Employment Litigation Attorneys are ready to evaluate your situation, identify your exposure, and defend your interests from day one. Contact San Diego Probate Attorneys today to book chedule your complimentary case evaluation and get the clarity you need to move forward with confidence.