Employment Law

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San Diego Employment Attorney

Welcome to the law office of John P. Martin, Attorney at Law, your trusted San Diego employment lawyer.

Our mission is to protect the rights and interests of employees in a diverse range of workplace disputes. Employment law can be complex and fraught with challenges, influencing the lives of individuals and the functioning of businesses. We step in to help clients navigate this intricate field, ensuring fairness and justice in all employment-related matters.

Employment Law

Employment law governs the relationships between employers, employees, and labor unions. It encompasses various aspects including, but not limited to, the following examples:

Discrimination Cases: A common example might involve an employee filing a lawsuit against their employer for racial or gender discrimination. For instance, if an employee was passed over for a promotion in favor of a less qualified candidate of a different race or gender, they may have a viable case.

Wage and Hour Disputes: A group of employees might sue their employer for failing to pay overtime wages. An example of this could be a group of restaurant servers who were required to clean and close the restaurant after hours without receiving overtime pay.

Wrongful Termination: An employee may sue if they were fired in violation of their employment contract or in retaliation for reporting unsafe working conditions.

Worker’s Compensation: An employee injured on the job may seek compensation for medical expenses, lost wages, and other damages. For example, a construction worker who fell from scaffolding due to a lack of proper safety equipment could file a claim.

Family and Medical Leave: If an employer denies a rightful request for medical or family leave, or penalizes an employee for taking such break, that employer might be sued. An example might be an employee being fired after taking maternity leave or leaving to care for a sick family member.

Privacy Rights: An employee could file a claim against their employer if the employer unlawfully intruded into their privacy. This could be something like an employer installing surveillance cameras in an employee’s home without consent.

Understanding employment law is crucial for both employers and employees. It helps to ensure a fair, safe, and equitable working environment. When disputes arise, employment law guides the resolution process and offers protection to all parties involved.

Services Offered by John P. Martin, Attorney at Law

Our San Diego employment lawyer provides a broad spectrum of services, including but not limited to:

Legal Consultation and Case Evaluation: We offer a thorough assessment of your situation and advice on your legal options.

Representation in Employment-Related Disputes and Litigation: We aggressively advocate for your rights in court.

Contract Drafting and Negotiation: We draft and negotiate employment contracts to protect your interests.

Mediation and Alternative Dispute Resolution Services: We facilitate resolutions through mediation, arbitration, or negotiation.

With a proven track record and a deep understanding of employment law, John P. Martin, Attorney at Law, is committed to providing a high level of service to his clients.

Taking the First Step

Navigating the complexities of employment law can be challenging, but you don’t have to do it alone. Whether you’re facing workplace discrimination or need assistance drafting a contract, John P. Martin, Attorney at Law, is here to help. We are committed to providing comprehensive and personalized legal solutions that respect your rights and meet your needs. Your employment concerns deserve careful attention and skilled legal representation. Reach out to us today for a consultation, and let us stand with you in your employment law matters.

Trust the law firm that San Diego trusts – John P. Martin, Attorney at Law.

At The Law Office of John P Martin we believe that all employees are entitled to perform their duties in an environment free of harassment and hostility. While no workplace is perfect, many employees don’t know their rights have been violated until it is too late for them to take legal action. Aggressive personal representation can make an important difference! Each result is tailored to our clients unique needs, We have successfully settled cases for hundreds of thousands of dollars, or in class action employment cases such as Albrecht v. Rite Aid, we were able to set aside $25 million dollars of potential recovery for thousands of employees. Whether you want to draft an employment agreement or you believe your legal rights have been violated because of your age, race, sex, gender, or disability or breach of employment contract, we are prepared to handle your unique situation and give your case the personal attention you should expect from your harassment lawyer in San Diego.

Often, employees do not know their rights, and employers trample upon those rights. KNOW YOUR RIGHTS!

Wage and Hour

MEAL AND REST BREAKS

In California, you are entitled to a 10 minute break for every four hours worked, and you are entitled to an unpaid thirty minute meal period for every five hours worked. The penalties are up to a full hour of pay for every day you do not receive your meal breaks. This adds up to substantial monetary amounts, particularly if you include thousands of similarly situated employees. DO NOT WAIVE YOUR RIGHTS; DO NOT SIGN ANY AGREEMENTS WAIVING YOUR RIGHTS TO THESE BREAKS! SPEAK TO AN ATTORNEY.

EMPLOYERS MISCLASSIFY WHAT YOU DO AT WORK TO SAVE MONEY AT YOUR EXPENSE!

If you are salaried and spend 50% or more of your time performing non-management tasks, you may be entitled to overtime in the last four years of your employment. For example, if you perform the same work as hourly employees, you may well have a case. The examples include, but are not limited to; making food, cashiering, customer service, stocking product on shelves, loading and unloading trucks. Management duties typically include hiring and firing and training employees. Most often, “managers” spend most of their time doing “grunt work” ie: the same work performed as hourly employees.

Wrongful Terminations

California Labor Code 2922 creates a presumption of “at will” employment, meaning either the employer OR the employee may leave, or the employer may terminate “at will” The employer if they terminate must have all wages to the employee on the spot if it can be ascertained (an example of where it cannot be ascertained is commissions for example). If someone gives 72 hrs notice, the check needs to be there the last day. These are examples if they are not done, penalties apply. Other examples are improper wage statements, failure to properly pay overtime etc. Contact our wrongful termination lawyers in San Diego for more information. Note, the PAGA requires a complete lawsuit or listing to the gov’t prior to filing suit.

What Our Clients Say

JPM What can I say about Mr. John Paul Martin that hasn't already been said. This man is a great lawyer and even more than that he is a great human being! I came to know John during a case where he was the lawyer for the class and I was one of the reps. John didn't just care about the case he cared about me as a human being. He would call me just to chat about whatever. How many lawyers let alone friends do that. We still talk to this day.

Eddie Alvarado

We retained Mr. Martin's services in connection with employee related issues, and we needed someone to advise us to prevent such incidents occurring within our company. Mr. Martin's professionalism, candor, and research was greatly appreciated, and we were able to resolve our issues with his assistance, and to minimize the risk further incidents will occur. We are very appreciative of John's legal guidance, and I would not hesitate to recommend him for his professional services.

J. Servin

John represented me with very favorable results in two employment cases: one wrongful termination and one for discrimination. John is an expert in employment law and brilliant in his thinking about a case. He has an amazing ability to craft profound arguments for a case and is so creative in finding flaws in the arguments he is presented with. What I appreciate most about John, aside from getting favorable results, is that he cares about his clients and is dedicated to helping those who have been wronged.

Jonelle G.

If you are looking for an attorney with plenty of experience in handling difficult cases,Mr. John Martin, Esq. is your best candidate. John Martin persevered and won one of the most difficult cases when he fought against Sears Roebuck & Co. for the rights of myself and thousands of co-workers. The case involved years of investigative and collective work by Mr. Martin that included collecting information from the thousands of co-workers through discovery, and depositions. With due diligence, wisdom and innovative and creative lawyering, Mr. Martin prevailed in a case that set laws and standards within the work industry for tens of thousands of employees and collected and distributed compensatory damages to thousands of class members. Mr. Martin is a solid choice when it comes to finding an attorney that will lead a case with determination, detail, focus and above all, in the best interest of his client(s). He will always be my first call should I need legal assistance for employment law or civil litigation. Besides being an intelligent and sharp-witted adversary for any defense counsel to contend against, he also always puts his clients first and foremost.

J. Moldowan

It gives me great pleasure to recommend Mr. John Paul Martin for your legal representation needs. I have had the pleasure of knowing John for the past 20 years. John represents his clients with meticulous detail and professionalism. He puts forth an impeccable work ethic, keen courtroom presence, coupled with his skills as a strong constitutional litigator. John holds a very deep sense of personnel responsibility to his clients. He represented me in a very complex constitutional case, of due process, in Federal Court. He won the case handily in what can only be categorized as a David vs. Goliath case. John kept me fully informed, throughout the entire process, even on the most intricate of details. It is John's level of personal commitment to his clients and strong professional attention to detail that allow me to highly recommend John for your legal representation needs.

Mark P. Christianson

I highly recommend John P. Martin to represent you. John's representation in my case was OUTSTANDING. John lived my case and worked extremely hard on making sure justice was served. John is very knowledgeable of the law, is very creative and is a man of integrity. John will fight for you to the fullest.

J. Barney

I retained John P Martin twice for important legal matters, and John cared deeply about my cases, and I was happy about the results from both. I would not hesitate to recommend John, he knows his facts and law, and I still call him A.A.T.L. (Awesome Attorney At Law). In my opinion, this moniker is truly earned.

F. Wright

Send Us a Message

Our unique approach to litigation has allowed our firm to handle a diversity of problems at reasonable fees for our clients. If quality of service and responsible representation matter to you or you need your problem mediated by a neutral, but creative professional give us a call and decide for yourself. There is a difference.
We look forward to hearing from you.

Video Conferencing by Appointment

Employment Law

San Diego Employment Attorney

Employment Law

Services Offered by John P. Martin, Attorney at Law

Taking the First Step

Wage and Hour

MEAL AND REST BREAKS

EMPLOYERS MISCLASSIFY WHAT YOU DO AT WORK TO SAVE MONEY AT YOUR EXPENSE!

Wrongful Terminations

What Our Clients Say

Eddie Alvarado

J. Servin

Jonelle G.

J. Moldowan

Mark P. Christianson

J. Barney

F. Wright

Send Us a Message

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