The People You Want on Your Team

San Diego Employment Law Attorney Josh Gruenberg and his team approach each employment law case based on the facts, the law and a large dose of creativity.  What’s the secret to the firm’s impressive record?  Excellent communication between team members and the client.  We take an individualized approach to each case, educating our clients on the specifics of the law and how it applies to their case and their options.  Then we sit down together and share the best strategy we suggest for a positive outcome.

Whether you work for a small company or the largest of corporations, we have the resources and track record to secure the justice you deserve.  Perhaps you’re not even sure whether the way you’re being treated is actually unlawful.  We invite you to contact us and we’ll discuss your situation at no cost.  We have experience with almost every type of unlawful unfair treatment in the workplace.  We can help you too.

Learn about the types of cases we handle:

Sexual Harassment

Defining Sexual Harassment in the Workplace

Sexual harassment is any unwanted sexual advance or conduct on the job that creates an intimidating, hostile, or offensive work environment. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be sexual harassment.

Given this broad definition, it is not surprising that sexual harassment comes in many forms.

Protecting the Rights of Sexual Harassment Victims

In recent years, employers and employees have become more sensitized to sexual harassment. People know that it is against the law. But sexual harassment still exists in many workplaces.

Sexual harassment in the workplace is about offensive and unwanted conduct that can include, but isn’t limited to the following:

  • Wrongful termination or retaliation for refusing sexual advances
  • Gender Discrimination
  • Hostile Work Environment
  • Offensive jokes or invasions of personal space
  • Repeated Inappropriate and unwanted sexual or gender related statements
  • Unwanted physical touching
  • Failure of employers to prevent sexual misconduct by other employees.

Diligent discovery can bring out the truth

The lawyers at Gruenberg Law in San Diego know that many employers will do everything possible to hide sexual harassment in the workplace. We have the experience and determination to get to the truth through the discovery process — questioning the people involved. Sexual harassment rarely occurs as an isolated incident. In many cases, the cover up attempt including retaliation proves the case.

Contact us to discuss a sexual harassment claim against an employer. Josh Gruenberg and his team are experienced attorneys with outstanding case results.  Gruenberg Law will aggressively pursue your sexual harassment claim against your employer and the perpetrator.

Discrimination

Holding Employers Responsible For Discrimination in the Workplace

If you have been treated unfairly in the workplace, Gruenberg Law is there for you through all stages of litigation.  You can rely on our unparalleled experience to help protect your rights and hold responsible those who have harmed you.  We may even be able to hold your employer responsible for punitive damages.

Age Discrimination:  In Employment, Age Should Not Be a Factor

Age should not be a factor in any adverse employment action. When people over 40 are denied employment opportunities, promotions or raises at a higher rate than those under 40; employers may be engaging in age discrimination.

At Gruenberg Law, our employment law attorneys take employers to court to remind them of their obligations under the ADEA, the Age Discrimination in Employment Act. And the DFEH, the Department of Fair Employment and Housing Act.

Disability Discrimination:  Can the Employee Do the Job?

Can the employee do the job? That is a key question that should concern an employer. Far too often an employer will focus on the disability rather than the capability of an employee. Another key question is:  Can the employee do the job if the employer provides a reasonable accommodation. It is against the law for employers to treat employees poorly because of their medical condition or disability.  Further, employers are under a legal duty to provide reasonable accommodations to employees. If your employer has violated these duties, please call Gruenberg Law.

The employment law attorneys at Gruenberg Law in San Diego know that many decisions in the workplace are made on the basis of an employer’s perceptions rather than on the reality of an employee’s abilities. Those perceptions and actions could be considered disability discrimination.

Gender Discrimination:  The Law vs. the Reality of Gender Discrimination

When it comes to gender discrimination, employers know the law. They say the right words, but the “glass ceiling,” particularly in the private sector, often remains in place.

Do the employer’s actions match the Employer’s policies?

When we investigate gender discrimination cases or cases where the Employer has violated the Equal Pay Act, Gruenberg Law looks beyond what employers say about hiring and promotion to see what they do. Every employer will admit to having policies and procedures mandating a gender discrimination-free work environment.  But what do their actions show?  Is the Human Resources Department afraid to do its job because they are afraid of being terminated?

  • In many cases, the employer decides to hire or promote a specified number of women to give a perception of fairness.
  • Often a pattern emerges over time.  If you are a woman and you have been left behind in pay or promotion, call us! We can make it right and get you the pay and justice you deserve.

LGBT Issues:  Emphasis Belongs on Ability, Not Sexual Orientation

As with many discrimination issues, employers should be concerned with whether someone can perform the job, not what the person’s sexual orientation may be? As LGBT issues have become more visible in society, LGBT issues have also become more visible at work.

Sexual orientation — lesbian, gay, bisexual or transgender — has nothing to do with the ability or inability to perform a job. At Gruenberg Law in San Diego we represent people who have been denied a job, a promotion or a raise based on LGBT discrimination.

Racial & Ethnic Discrimination: Workplace Race Discrimination-Discovering the Truth

Racial discrimination and ethnic discrimination may be difficult to prove for one reason — employers know that it is against the law and make every effort to deny or hide race discrimination in the workplace.

The employment law attorneys at Gruenberg Law in San Diego explore the patterns and practices that can reveal race discrimination. One employee’s experience with race discrimination may not be an isolated incident. More discrimination usually lies beneath the surface.

We will review your unique situation and help you learn more about the laws in California and at the federal level that may apply to your discrimination claim. To discuss a possible discrimination claim contact us.  We have represented clients in San Diego for over 25 years.

Retaliation

No one is better at proving retaliation than the attorneys at Gruenberg Law.  We take great pride in our extensive understanding of the laws that govern how employers treat their employees.  With careful and thoughtful consideration, we’ll take an individualized approach to your case and explore all your options.  We’ll ensure you recover as much money as the law provides for your lost wages and emotional harm.  We may also be able to hold your employer responsible for punitive damages.

Helping You Hold Employers Responsible For Their Acts of Retaliation

Retaliation occurs when an employer takes some type of adverse action against an employee after the employee has engaged in a type of behavior or action that displeases the employer. In some situations, the actions of the employer may be completely legal, but, in other cases, the employee may be eligible to recover compensation due to the employer’s unlawful acts.

Standing Up For the Rights of Employees

Many of our employment law cases also include a retaliation element. Retaliation often convinces a jury or arbitrator that management knew their actions were wrong and retaliated against those who reported the actions. Results have shown that employers, even in court, often refuse to address and even ignore the concerns of employees who were harmed by discrimination and retaliation.

Employer retaliation can take many forms

When Josh Gruenberg and his team present a claim of retaliation, very often the first element is demonstrating that the client had every capability needed for the job.  Factors may include background, experience and above average performance reviews. Then everything changed. This employee was now subjected to harassment at work and a hostile work environment. There may be no raise, no bonus, and no promotion. There may have been a retaliatory discharge.

When did this change toward the employee begin? It started with the employee’s involvement in an employment law claim against the employer. To discuss a case of employer retaliation, contact us. We have represented clients in San Diego for over 25 years.

Whistleblower

Report Employer Wrongdoing? We Can Protect Your Rights

Your conscience tells you to do the right thing—to come forward with complaints involving injuries, safety concerns, or other protected activity at your place of employment.  If you haven’t yet reported the circumstances to your employer, contact us and we’ll help you protect yourself against potential whistleblower retaliation.  There are both state and federal laws that protect whistleblowers from retaliation by their employer.

Holding Employers Accountable For Violating the Rights of Whistleblowers

You may have a whistleblower claim if you:

  • Were punished by your employer for reporting their unlawful conduct to authorities
  • Had your wages withheld or changed after making your employer aware of issues present in the workplace
  • Countless other situations where the employer retaliated against you after you engaged in lawful and protected conduct

State and federal laws do provide a whistleblower with rights, but you need to assert them before you will be protected. Josh Gruenberg and his team at Gruenberg Law have the experience and track record of proven results to maximize the outcome of your whistleblower case.

Wage Theft

If you work, you deserve the wages you earned—pure and simple!  We have won numerous cases against employers who have not paid their employees in accordance with the law.  Allow us to hold your employer responsible for all the remainder due to you under the law.

The wage and hour dispute lawyers at Gruenberg Law in San Diego have an extensive understanding of the labor codes and employment laws that govern the way employers treat employees. Our firm represents clients who have experienced some or all of the below-listed wage and hour issues:

  • Not paid the appropriate overtime
  • Misclassified as an exempt employee when they are actually non-exempt
  • Not being given meal or rest breaks
  • Asked to falsify time records
  • Compelled or pressured to work after hours, on their own time, off the clock
  • Terminated after requesting proper pay or contacting the labor board

Even if you believe your case is small, there may be other employees that work for your company that have similar wage issues.  In that situation, we may be able to present your case as a class action. Contact us to discuss your potential wage claim.

Unpaid Commissions

Here at Gruenberg Law, we believe if you have earned a commission, it should be paid to you—not some of it, but all of it.  If your employer has attempted to rewrite the rules after sales have been made, or has denied you what’s yours, give us a call.

In California, it is illegal for an employer to withhold unpaid commissions and bonuses. If you haven’t been paid all of the money you think you may have earned, you could be entitled to compensation. Only an experienced attorney can determine the value of your claim, which may include the pay you are owed, interest, penalties and other damages.

When are commissions in California required to be paid?

As a general rule, your employer is required to pay you a commission if you have substantially completed the work required to earn the commissions. You are owed the unpaid commissions even if you leave your employer. However, if another employee had to perform significant duties to complete the event, your employer may not have to pay you.

If your employer fails to pay you all of the compensation you have earned at termination or voluntarily leaving your employment, your employer may have to pay you retroactive or back pay.

Even if you believe your case is small, there may be other employees at your company with similar circumstances of unpaid commissions.  In that situation, we may be able to present your case as a class action. Contact us to discuss your potential unpaid commissions claim.