John F. McCarthy
San Diego Employment Lawyer at McCarthy Law

John F. McCarthy

Location:
McCarthy Law
525 B Street – Suite 1500
San Diego, California 92101

Phone:
(619) 736-8910

Fax:
(844) 735-8360

Areas of Practice

• Employment Law — Employee
• Labor Law
• Denial of FMLA
• Discrimination
• –Racial Discrimination
• –National Orgin Discrimination
• –Age Discrimination
• –Disability Discrimination
• –LGBT Discrimination
• –Unfair Wages, Unequal Pay
• Harassment
• –Sexual Harassment
• Wage, Hour and Overtime Violations
• –Unpaid Earnings
• –Unpaid Commissions
• –Missed Meal Breaks & Rest Periods
• Wrongful Termination
• Whistleblower Claims / Qui Tam Cases
• Retaliation
• Mediation / Arbitration / Courtroom Litigation

Bar Admissions:

• Supreme Court of California
• United States Court of Appeals for the Ninth Circuit
• United States District Court – Northern District of California
• United States District Court – Southern District of California
• United States District Court – Eastern District of California

Education:

• Pepperdine School of Law – Straus Institute for Dispute Resolution
• San Diego Inn of Court – Trial College
• Thomas Jefferson School of Law
• University of California – Davis.

Recent Published Works:

• “The Coming Tide – Social Media Use in Litigation” – American Bar Association, Tort Trial and Insurance Practice.
• “Working it Out: Mediation in the Workplace” – Fresno County Bar Association, Bar Bulletin

Recent Speeches / Lectures:

• “Reaching Common Ground – Working with Opposing Counsel to Resolve Employer/ Employee Disputes”- San Diego County Bar Association
• “Resolving Employment Disputes with Mediation” – Association for Conflict Resolution

Honors and Awards:

• Top 40 Under 40- The National Advocates
• Rising Star- Super Lawyers Magazine
• Top 40 Labor and Employment Lawyers Under 40- American Society of Legal Advocates
• Best of the Bar- San Diego Business Journal
• Top Attorney, Labor and Employment Semi-Finalist- San Diego Daily Transcript
• Outstanding Young Attorney-San Diego Daily Transcript
• Top Employment Attorney, 10.0 Rating- Avvo

Past and Present Professional Associations and Memberships:

• American Bar Association
• California Bar
• San Diego County Bar Association
• Monterey County Bar Association
• National Employment Lawyers Association
• California Employment Lawyers Association
• Consumer Attorneys of California
• Consumer Attorneys of San Diego
• Association for Conflict Resolution
• Southern California Mediation Association

Practice Areas:

Wrongful Termination Based On:

• Whistleblower retaliation
• 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
• Veteran status
• Pregnancy
• Age
• Sexual orientation
• Exercise of right to unpaid leave

Harassment and Discrimination:

• 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, workplace accommodations, interactive process, medical condition, religion, marital status, sexual orientation, gender identity and veteran status
• Sexual Harassment.

Wage and Hour:

• 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
• Wage Deductions
• Wage Garnishments

Vacations and Leave:

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

Workplace Privacy:

• Using Social Media (Facebook, Twitter, LinkedIn, Instagram)
• Email
• Voicemail
• Workplace Searches
• Medical and Physical Examinations
• Drug Testing

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?

San Diego employment attorney John F. McCarthy, founder of McCarthy Law, 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.