San Francisco Employment Lawyer FAQs

San Francisco employment lawyers Stoll & Haynes

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.

Workplace Rights

What is employment law?

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.

What rights do I have as an employee in California?

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.

How can an attorney protect my workplace rights?

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.

When should I contact an employment lawyer in San Francisco?

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.

Does San Francisco have its own workplace enforcement agency?

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

What is 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.

Can I sue if I was fired unfairly?

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.

Will I have to go to trial for a wrongful termination case?  

Not always. According to Employment Law Aid, 90-95 percent of wrongful termination cases settle before reaching court.

Wages and Hours

What is the minimum wage in San Francisco?

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.

Can I sue if I’m paid less than the minimum wage in San Francisco?

You may be entitled to recover unpaid wages and other compensation. An employment lawyer can review your situation.

What should I do if I’m being paid less than the San Francisco minimum wage?

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.

Can I recover unpaid overtime in California?

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

What should I look for in a severance agreement?

Carefully review the payment amount being offered, any continuation of benefits, non-disparagement clauses, and whether there’s a waiver of claims.

Do I have to sign a severance agreement right away?

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.  

Am I able to negotiate severance pay?

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

What is discrimination in the workplace?

Discrimination happens when someone is treated unfairly at work because of their race, gender, age, or another protected characteristic. This is against the law.

What should I do if I experience workplace discrimination?

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

How long will an employment law claim take?

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.

How does an employment law claim work?

It’s different for everyone. However, your case might involve investigating workplace conduct, collecting evidence, and negotiating with your employer.

How much time do I have to file an employment law claim in California?

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

Is Stoll & Haynes a good employment law 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.

Does Stoll & Haynes have free consultations?

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.

Where is Stoll & Haynes located?

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.