Attorney Profiles
Central California Employee Rights Attorneys

Attorney Profiles

• John F. McCarthy

Employment Law Attorney:   John F. McCarthy

Employment law attorney John F. McCarthy truly cares about his clients and it shows.  Not surprisingly, workplace labor lawyer McCarthy’s clients have described him as being:

• “extremely knowledgeable in all things labor law,”
• “very fair and honest,”
• “a RocknRolla,” and even,
• “the mother f-in’ man.” 

John’s clients — “ordinary people” — come from all walks of life.  They include everyone from immigrant workers that are the victims of sexual harassment to hospital whistleblowers that are wrongfully terminated.  John relishes the role of the underdog, taking on employers who have hired defense firms with 1000 times as many employees.

Professional Awards & Recognition

Nationally recognized as a “10.0 Superb” Top Employment Attorney, top wrongful termination lawyer, top discrimination lawyer, and top defamation by AVVO, workplace employment lawyer John F. McCarthy is humbled and honored. AVVO developed an attorney rating system from 1 (“Extreme Caution”) to 10 (“Superb”). Achieving a “10 Superb” rating is calculated from peer reviews, the attorney’s publications, speaking engagements, customer reviews, experience and awards. According to AVVO, attorneys who have earned a perfect 10.0 “Superb” rating have demonstrated objective evidence of professional integrity and accomplishment by being evaluated by their peers and clients who have used their services.

John has been recognized by Super Lawyers since 2016. John thanks his fellow lawyers and the organization for this legal industry recognition.

. INFO: Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. Less than 2.5% of lawyers are selected to be Rising Stars.

John has received numerous other awards and recognition:

• Top 40 Under 40 California Labor and Employment Lawyers
• Outstanding Young Attorney
• Top Attorney Labor and Employment Law
• Super Lawyers Rising Star
• Top 40 Under 40
• Best of the Bar

• Who’s Who Amongst American Law School Students
• National Dean’s List
• High Grade Award: Trial Practice
• High Grade Award: First Amendment Practice
• High Grade Award: Persuasive Legal Writing
• LSAT scholarship

Pro-Bono Legal Work — Volunteering of Time

John volunteers with Volunteer Lawyer Programs and Local Bar Associations) to provide pro bono legal advice for homeless veterans at Stand Down.

John has also volunteered to serve as a speaker, judge, and even a witness for law students at all three San Diego law schools:

• University of San Diego School of Law,
• California Western School of Law, and
• Thomas Jefferson School of Law.

John F. McCarthy is truly dedicating himself to the greater good for residents of Central California.

Speaking Engagements & Professional Affiliations

John speaks to various organizations on labor and employment law. John also publishes an employment law blog, has written for the American Bar Association, and is a member of the Consumer Attorneys of California, Consumer Attorneys of Central California, Central California County Bar Association, The State Bar of California, National Employment Lawyers Association and California Employment Lawyers Association where he serves as a mentor, and where he helps draft State and Federal Legislation to help employees.  In his spare time, John is a board member of the Ocean Beach Kiwanis.

Philosophy & Mission

My philosophy – By design or good fortune, I am in the “business” of helping people. Unfortunately, most people don’t consult a lawyer when things are good — but only when things are spiraling out of control. That said, I can share the following:

I am blessed to help ordinary people find solutions to extraordinary problems.

My mission – is to provide unparalleled commitment, dedication, and hands-on service to each of my clients.

Early Years — Growing Up

John F. McCarthy’s unrelenting passion for workers’ rights stems from growing up in a small farming community.  After graduating from law school, attorney John F. McCarthy went to work for an employment defense firm representing large agricultural employers.

In the agriculture sector, John saw firsthand the atrocities many employers would commit to make more money.  As an associate attorney, John recognized that he was a part of the problem.  He wanted to be part of the solution.  So, John opened his own employment law office in Central California and hasn’t looked back.

PRACTICE AREAS

Discrimination and Harassment issues like:

• Civil Rights Act of 1964 (Title VII) including race, color, religion, sex, national origin, pregnancy, childbirth, or related medical conditions;
• Equal Pay Act of 1963;
• Age Discrimination in Employment Act (ADEA);
• Immigration Reform and Control Act of 1986 (IRCA);
• Americans with Disabilities Act (ADA);
• Genetic Information Nondiscrimination Act of 2008 (GINA);
• Fair Employment Housing and Housing Act (FEHA) including age, physical or mental disability, medical condition, religion, marital status, sexual orientation, gender identity and veteran status; and
• Sexual Harassment.

Workplace Privacy issues like:

• Using Facebook;
• Email;
• Voicemail;
• Workplace Searches;
• Medical and Physical Examinations; and
• Drug Testing.

Whistleblower Cases based on:

• Reporting unsafe work practices or working conditions; and
• Reporting to the Labor Commissioner.

Vacations, Family and Medical Leave and Other Time Off issues like:

• Vacations;
• Sick Leave;
• Holidays;
• Pregnancy Disability Leave;
• Employee and Employer Notices;
• Medical Certification;
• Family Medical Leave Act (FMLA);
• California Family Rights Act (CFRA); and
• Reinstatement.

Layoff issues like:

• Violations of the Worker Adjustment and Retraining Notification Act (WARN Act);
• Discriminatory layoffs

Wrongful Terminations based on:

• Sex, race, creed, color, and national or ethnic origin;
• Physical disabilities such as AIDS, hepatitis, epilepsy, seizure disorder, diabetes, multiple sclerosis and heart disease;
• Medical conditions;
• Mental disability including clinical depression and bipolar disorder;
• Ancestry;
• Marital status;
• Pregnancy;
• Age;
• Sexual orientation;
• Perception; and/or
• Exercise of right to unpaid leave under the Family Rights Act.

Wage and Hour issues like:

• Minimum wage;
• Tips;
• Meal and Lodging Credits;
• Discretionary Bonuses and Payments to Certain Benefit Plans;
• Benefit Plan Contributions;
• Stock Options and Equity Devices;
• Premium Pay for Overtime;
• Compensatory Time Off;
• Meal Periods and Rest Periods;
• Waiting Time/ On-Call Time
• Sleeping Time;
• Travel Time;
• Training Time;
• Exemptions from Minimum Wage and Overtime Requirements;
• Outside Salespersons;
• Commissioned Salespersons;
• Salaried Employees;
• Child Labor; and
• Wage Garnishments.

We also handle:

• Employment Contracts;
• Severance Agreements;
• Employee Handbooks;
• Personnel/Human Resources Advice;
• Management Training;
• Sexual Harassment Training;
• Safety Training;
• Workplace Investigations; and
• Emotionally charged disputes.

Do You Want John F. McCarthy to Review Your Case?

Central California employment attorney John F. McCarthy is an expert in California labor law. John has the experience and skills to advise employees of their practical and/or legal options.

Tell John your story by using his confidential case evaluation form and you will likely get his response in mere hours…

Attorney John F. McCarthy will review the merits of your employment matter and advise about the merits of your case, including a logical course of action, how to raise your issues, how to request an accommodation, or perhaps how to negotiate a settlement. John is also an expert courtroom litigator should that course become necessary.