Best Hiring & Firing Lawyers in Concord

1. About Hiring & Firing Law in Concord, United States

Concord is a city in Contra Costa County, California. In Concord, as in the rest of California, hiring and firing are governed by state statutes, federal laws, and local policies where applicable. The typical starting point for most employment relationships is at-will, meaning either party can end employment at any time for any lawful reason or no reason, unless a contract or law says otherwise.

California recognizes several important exceptions to at-will employment. Employers must follow anti-discrimination and harassment rules and cannot terminate workers for protected activities. In addition, leave laws and wage rules shape what is permissible around termination and hiring decisions. An attorney can help you interpret how these rules apply to your specific job and location in Concord.

FEHA prohibits employment discrimination based on protected characteristics such as race, sex, religion, disability, age, and more.

Source: California Fair Employment and Housing Act guidance for employees and employers. For more details, see the California Department of Fair Employment and Housing (DFEH) resources.

2. Why You May Need a Lawyer

Hiring and firing matters in Concord often involve complex interactions between state law, federal rights, and practical workplace policies. A skilled attorney can help you identify applicable protections and pursue the right remedies.

• You were fired after requesting a reasonable accommodation for a disability or serious health condition. An attorney can assess whether the termination violated FEHA or CFRA leave rights and help you pursue remedies.
• You suspect retaliation after reporting wage and hour violations, unsafe conditions, or discrimination. A lawyer can evaluate whether protected complaints triggered the termination and advise on next steps.
• You were classified or treated as an independent contractor but believe you should be treated as an employee under the ABC test. An attorney can review your work relationship and leverage AB 5 classifications if applicable.
• You faced disparate treatment or harassment based on a protected characteristic. A legal professional can help file a complaint with the state agency and guide you through litigation or settlement options.
• You were terminated while on FMLA or CFRA leave. An attorney can analyze whether the leave protections were violated and help preserve your rights.
• You received a non compete or non solicitation clause that conflicts with California law. A lawyer can interpret enforceability and potential challenges under CA rules.

3. Local Laws Overview

In Concord, local enforcement largely follows state and federal frameworks. The city itself does not publish a separate employment statute, so protections stem from California statutes and federal law. The following laws are central to Hiring & Firing in Concord and across California:

Fair Employment and Housing Act (FEHA) - Government Code §12940 et seq.

FEHA prohibits discrimination and harassment in employment based on protected characteristics. It also makes retaliation unlawful for opposing or reporting discriminatory practices. The law applies to employers with five or more employees and is enforced by the California Department of Fair Employment and Housing (DFEH).

FEHA bars discrimination and retaliation in the workplace and provides avenues for internal resolution or agency investigation.

Source: Government Code §12940 et seq. and DFEH overview. See https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV§ionNum=12940 and https://www.dfeh.ca.gov/

California Family Rights Act (CFRA) - Government Code §12945.2 et seq.

CFRA provides job-protected leave for family and medical reasons, aligning with broader work-life protections in California. As part of updates in recent years, CFRA coverage has expanded and applies to eligible employees at qualifying employers. In Concord, CFRA rights mirror state law and may interact with federal FMLA rights.

CFRA establishes protected leaves for family care and personal health needs and requires continued benefits during leave in many cases.

Source: Government Code §12945.2 et seq. and DFEH CFRA information. See https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV§ionNum=12945.2 and https://www.dfeh.ca.gov/

Independent Contractor Classification - California Assembly Bill 5 (AB 5) - Labor Code §2750.3

AB 5 codifies the Dynamex decision, adopting the ABC test to determine whether a worker is an employee or an independent contractor. This has wide implications for hiring, payroll, benefits, and termination obligations. There are exemptions for certain industries and roles, so consulting an attorney is important if you rely on contractor status in Concord.

AB 5 requires the ABC test to determine independent contractor status and supersedes some prior classification standards.

Source: Assembly Bill 5 and California Labor Code §2750.3. See https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5 and https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB§ionNum=2750.3

4. Frequently Asked Questions

What does at-will employment mean in California?

At-will employment means an employer or employee can end the relationship at any time for any lawful reason, or for no reason. There are important exceptions based on contracts and illegal reasons like discrimination. Even in at-will contexts, certain protections still apply.

What is FEHA and how does it protect me?

FEHA prohibits discrimination and harassment based on protected characteristics. It also protects against retaliation for asserting rights or filing complaints. Employers must take reasonable steps to prevent harassing conduct in the workplace.

How do I know if I was fired illegally in Concord?

Assess whether the termination involved discrimination, retaliation, or violation of protected leave rights. Documentation such as performance reviews, emails, and witness statements helps. An attorney can review facts and advise on remedies.

What is the process to file a discrimination complaint in California?

You can file with the DFEH or EEOC depending on the claim. Filing deadlines and required information vary by agency. An attorney can guide you through the complaint process and timelines.

How much does an employment attorney in Concord typically charge?

Costs vary by case complexity, attorney experience, and location. Some lawyers bill hourly, while others offer flat fees for specific services. Many offer initial consultations at reduced rates or for free.

How long do I have to file a claim after a termination in California?

Different claims have different deadlines. For FEHA discrimination claims, deadlines generally range from 6 months to 1 year, depending on the filing path and agency rules. A lawyer can pin down the exact timeframe for your situation.

Do I need a contract to claim wrongful termination?

No contract is required to pursue certain wrongful termination or discrimination claims. However, a written contract or company policy can influence whether an at-will presumption is overridden. An attorney can assess your documents and rights.

What is AB 5 and how does it affect contractor status?

AB 5 uses the ABC test to determine if a worker is an employee or independent contractor. If classified as an employee, the worker may be entitled to benefits and protections. Some professions are exempt from AB 5, so legal counsel is important for classification issues.

What protections exist for leave under CFRA compared to federal FMLA?

CFRA and FMLA provide leave for qualifying family and medical reasons, with CFRA focusing on California employees and typically covering smaller employers. The two laws share many features but have separate definitions of eligibility and enforcement. A Concord attorney can explain how both apply to your job.

Can I recover back pay or damages after a wrongful termination?

Potential remedies include back pay, front pay, reinstatement, and damages for emotional distress in some cases. The availability and amount depend on the claim type, evidence, and agency or court decisions. An attorney can estimate likely outcomes for your situation.

Is there a deadline to file a claim with FEHA or CFRA?

Yes. Filing deadlines depend on the specific claim and agency. For FEHA, contact the DFEH or your attorney as soon as possible after the adverse event to avoid missing a deadline. Timelines are strict and missing them can bar your claim.

Should I contact the DFEH or EEOC first?

Either agency can initiate a complaint for discrimination or harassment. In many cases, claimants file with both agencies to preserve options. An attorney can help coordinate filings and ensure you meet all deadlines.

5. Additional Resources

• California Department of Fair Employment and Housing (DFEH) - FEHA protections and complaint process
• U.S. Equal Employment Opportunity Commission (EEOC) - Federal discrimination protections
• California Department of Industrial Relations (DIR) - Paid sick leave, wages, and workplace standards

CFRA eligibility and leave rights apply to California employees and are administered in many cases at the state level, with oversight by the DFEH.

Source: DFEH CFRA overview; see https://www.dfeh.ca.gov/ and https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV§ionNum=12945.2

6. Next Steps

1. Identify your objective and gather documentation. Collect termination letters, performance reviews, pay records, emails, and any relevant communications. Do this within 1 week of discovering the issue.
2. Assess applicable laws with a Concord employment attorney. Schedule a consultation to discuss FEHA, CFRA, and AB 5 implications for your case. Aim for a first meeting within 2 weeks of documentation collection.
3. Prepare a case outline with dates, dates of adverse actions, and potential damages. Bring all supporting documents to your consultation for a precise assessment.
4. Obtain a formal evaluation of claims from the attorney. Ask about costs, expected timelines, and potential remedies such as reinstatement or back pay. Expect this to occur within 1-3 weeks after your intake.
5. Decide on a strategy: settlement, administrative complaint, or litigation. Your attorney will outline which path best fits your goals and risk tolerance.
6. Consider filing initial complaints with DFEH or EEOC if appropriate. Your attorney can guide you on simultaneous or sequential filings and deadlines.
7. Engage in representation and proceed with the chosen path. Depending on the route, anticipate several months to years for resolution, with mediation often occurring within weeks to months after filing.