San Francisco Employment Lawyer FAQs

Here are some of the most frequently asked questions that our San Francisco employment lawyers receive.
You can also check out our personal injury lawyer FAQs page.
FAQ Categories
Workplace Rights
Employment law protects you from unfair and unlawful treatment in the workplace. It lays down various rules for how your employer must treat you and what happens if your rights are violated.
You have the right to a safe workplace, fair pay, freedom from unlawful retaliation, and other protections under California and federal law. If your rights are violated, you may be able to pursue legal action.
An experienced San Francisco employment lawyer could help you understand your legal rights, investigate a potential workplace violation, and negotiate with your employer. Contact Stoll & Haynes to learn more.
The sooner, the better. Government agencies like California’s Labor Commissioner’s Office and Civil Rights Department have strict deadlines for filing an employment law claim, and waiting too long might mean you lose out on compensation.
Yes, it’s called the San Francisco Office of Labor Standards Enforcement (OLSE). The agency enforces city workplace laws and investigates some labor violations.
Wrongful Termination
Because California is an at-will employment state, your employer can terminate you for almost any reason or no reason at all. However, you can’t be terminated for an illegal reason, such as discrimination, retaliation, or taking protected leave. This is known as wrongful termination.
It depends on the facts of your situation, but you may have legal options if the termination violated California or federal employment laws. A Bay Area attorney can review your case to see whether you have any grounds for a claim.
Not always. According to Employment Law Aid, 90-95 percent of wrongful termination cases settle before reaching court.
Wages and Hours
As of March 2026, the minimum wage in San Francisco is $19.18. It will increase to $19.61 on July 1, 2026. Employers must comply with all wage and hour requirements under local, state, and federal law.
You may be entitled to recover unpaid wages and other compensation. An employment lawyer can review your situation.
Keep a record of all the hours you worked and how much you were paid, as well as copies of pay stubs and your job offer letter. This can serve as evidence if you decide to file a wage claim.
In California, you might be entitled to overtime pay if you worked more than 8 hours in a day or 40 hours in a week and weren’t compensated properly for doing so. Talk to a San Francisco employment attorney to find out more.
Severance
Carefully review the payment amount being offered, any continuation of benefits, non-disparagement clauses, and whether there’s a waiver of claims.
Your employer will usually give you some time to look over the document. We recommend that a San Francisco severance attorney review your agreement before you sign anything.
Many terms in your severance agreement could be negotiable, including extra pay or extended benefits. Michael Seville at Stoll & Haynes can review and negotiate your severance agreement, potentially helping you secure a higher payout.
Discrimination
Discrimination happens when someone is treated unfairly at work because of their race, gender, age, or another protected characteristic. This is against the law.
Collect as much evidence as you can and file a complaint with the California Civil Rights Department or the U.S. Equal Employment Opportunity Commission. You should also seek advice from a skilled employment lawyer.
Employment Law Timelines and Processes
Your claim might settle in a few months. However, it could take much longer than this, especially if your employer disputes what happened or the case goes to court.
It’s different for everyone. However, your case might involve investigating workplace conduct, collecting evidence, and negotiating with your employer.
It depends on the workplace issue, whether a government agency is involved, and other factors. For example, you generally have 3 years from the date of the incident to file a discrimination, harassment, or retaliation claim with the California Civil Rights Department.
About Our Firm
Stoll & Haynes, formerly Stoll Law, is a San Francisco legal firm focusing on unpaid wages, severance negotiations, and other employment law matters since 1994. Whatever happened at your job, our experienced Bay Area employment attorneys might be able to help.
Yes, you can talk to an employment law attorney about your case at no cost during an initial consultation. Call (415) 576-1500 or fill out this contact form to book your free case review with Stoll & Haynes.
Find our employment law firm at 220 Montgomery Street, Suite 411, San Francisco, CA 94104.
Ask an Employment Attorney in San Francisco About Your Case
If you’re having problems at work, Stoll & Haynes helps you understand your legal options.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.
