We Stand Up for Employees

We fight for your rights so you can reclaim your livelihood.

FREE CONSULTATIONS:

888.465.5110

What a relief it was to have someone who listened and understood all my concerns.

- Husain N., San Francisco

OUR COMMITMENT

We empower employees to reclaim their livelihoods.

Employment lawyers fighting for workers in the San Francisco Bay Area

When your employer ignores your legal rights, it can feel like your sense of dignity and well-being have been violated. At McCormack & Erlich, we fight for people who have been harmed by all types of labor violations, including wrongful termination, failure to pay wages and commissions, illegal discrimination, harassment, and retaliation. We represent both individual plaintiffs and class actions.

The law gives you the right to recover your own damages and put a stop to illegal employment practices for the benefit of others, but the task can seem impossible to face on your own. The team of labor lawyers at McCormack & Erlich will stand up for your rights against the powerful interests of employers, managers, and big corporations.

What a relief it was to have someone who listened.

- Husain N., San Francisco

OUR COMMITMENT

We empower employees to reclaim their livelihoods.

You know you've been wronged. We know how to make it right.

Millions obtained for our employment law clients.

Sexual Harassment

Sexual Harassment can take many forms, including language, unwanted advances, or physical contact.

MORE

Wage & Hour Violations

You deserve timely payment of all commissions and wages, and California law requires it.

MORE

Wrongful Termination

It is unlawful for your employer to fire you for an illegal discriminatory or retaliatory reason.

MORE

Disability Discrimination

Employers cannot discriminate against an employee on the basis of that person's disability.

MORE

Medical Leave

You can take leave for a serious medical condition, or to care for a sick parent, child or spouse.

MORE

98%

SUCCESS RATE

Hiring a labor attorney offers your best chance of prevailing against your employer.

We can’t overstate the importance of choosing a firm that has experience representing employees from all walks of life. When you hire us, you’ll be working with labor attorneys who value your goals, worldview, and individual needs. We treat all our clients with respect, explain the legal process in a way you can understand, and handle your legal concerns in a manner that serves your interests.

OUR COMMITMENT

We deliver the best possible resolutions for employees like you.

Our results speak for themselves

$1.95
MILLION

in class action for unpaid wages, misclassification of gig-economy workers

$1.6
MILLION

in settlements for race discrimination / wrongful termination at a factory

$1.1
MILLION

in disability / pregnancy discrimination & wrongful termination case

NO FEE UNLESS YOU WIN

Our mission

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.

mission-icons
ATTORNEYS

Our Story

Our employment attorneys met while serving employees from underprivileged communities at Legal Aid at Work, a non-profit organization that provides employment law advice to low-income people. They continue to volunteer for the clinic to this day.

Bryan and Jason founded the law office of McCormack and  Erlich in order to pursue justice for employees on a full-time basis. Over the past twenty years, Bryan and Jason have helped more than one thousand workers to reclaim their rights.

Step 1 of 2

50%
  • Tell us your story

Tell us what happened in your own words. How can we make it right?

Client testimonials

I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for.

Robie, Stockton

PRACTICE AREAS

Let the law work for you

The strength of your case is not dependent on your income level or job title. We proudly defend employees of diverse backgrounds and positions. We treat all our clients with respect, explain the legal process clearly, and handle their concerns in a way that best serves their interests.

WRONGFUL TERMINATION

We’ve seen how being fired can disrupt your life and sense of security.

It is unlawful for your employer to terminate you for an illegal discriminatory or retaliatory reason—such as because of your race or national origin, disability or medical condition, sex, age, or certain other traits. It is also unlawful for your employer to fire you for complaining about unpaid wages, discrimination, harassment, or that your employer violated a law (“whistleblowing”).

The attorneys at McCormack & Erlich have over 20 years of experience helping employees get compensation for wrongful termination. We will evaluate your case, and fight for the best resolution.

WAGE & HOUR VIOLATIONS

You deserve timely payment of all wages and commissions, and California law requires it.

Even if your employer pays you a salary, says you are exempt or an independent contractor, you may be eligible for overtime pay. Some very high-paying professional jobs like sales or I.T. may be entitled to overtime pay. It is best to call an attorney if you have any doubt.

You should also check with an attorney if your employer withholds sales commissions or unilaterally changes your commission plan. Our lawyers can determine what you’re owed and recover your unpaid wages, overtime or commissions.

SEXUAL HARASSMENT

All employees have the right to freedom from sexual harassment.

Sexual harassment can take many forms, such as language inappropriate for the workplace, unwanted advances, or physical contact. It disrupts employees' ability to feel safe and confident in the workplace, and is never acceptable.Your employer is required to promptly investigate sexual harassment and take action so that it stops; and it is illegal for an employer to retaliate against a worker for complaining of sexual harassment. If you believe you are facing sexual harassment at your job, you should consult with an experienced attorney. We can review your situation and advise you of your options.

CLASS ACTIONS

Sometimes an employer's unlawful employment policy harms a large group of employees.

 

When this happens the employees' best interests are often served by banding together as a class, as their combined claims give better negotiating leverage than any one person alone. We are experienced handling class actions involving issues of misclassification of independent contractors, unpaid overtime, missed meal and rest breaks, off-the-clock work, and other employment law issues.

 
DISABILITY DISCRIMINATION

It is illegal for employers to discriminate against an employee on the basis of the employee’s disability.

Disabled employees have the right to a good-faith evaluation of reasonable accommodations in the workplace. Federal and State laws prohibit discrimination on the basis of any physical or mental impairment that limits how the person performs a major life activity. We have extensive experience defending employees who have suffered termination for their disability.

MEDICAL LEAVE

It is illegal for employers to discriminate against an employee for taking medical leave.

The Family and Medical Leave Act, and California Family Rights Act allow employees 12 weeks of unpaid medical leave per year, and make it illegal to terminate employees for taking this leave. The lawyers at McCormack & Erlich have extensive experience defending employees who have suffered termination for taking medical leave. We will review your case and fight to help you receive the justice and compensation you deserve.

PRACTICE AREAS

Let the law work for you

The strength of your case is not dependent on your income level or job title. We proudly defend employees of diverse backgrounds and positions. We treat all our clients with respect, explain the legal process clearly, and handle their concerns in a way that best serves their interests.

    WRONGFUL TERMINATION

    We’ve seen how being fired can disrupt your life and sense of security.

    It is unlawful for your employer to terminate you for an illegal discriminatory or retaliatory reason—such as because of your race or national origin, disability or medical condition, sex, age, or certain other traits. It is also unlawful for your employer to fire you for complaining about unpaid wages, discrimination, harassment, or that your employer violated a law (“whistleblowing”).

    The attorneys at McCormack & Erlich have over 20 years of experience helping employees get compensation for wrongful termination. We will evaluate your case, and fight for the best resolution.

    NEXT: Wrongful termination case study.

    A cashier was instructed by her managers to mislead customers in order to charge them higher fees. She told her bosses she was not comfortable giving false information to customers. After seriously injuring her back, the cahsier gave her employer a doctor’s note indicating that she needed a stool. However, her managers did not give her one and told her to look for another job.

    Eventually the cashier needed medical leave for back surgery. She was fired in retaliation for her complaints about dishonest practices and her request for accommodation for her disability. As a single mother recovering from surgery, the termination left her without income and put her in a dire situation.

    We recognized that this was a client who needed a resolution rather than a multi-year case, trial and appeals.

    We filed suit for disability discrimination and retaliation and were able to negotiate a substantial out-of-court settlement.

    WAGE & HOUR VIOLATIONS

    You deserve timely payment of all wages and commissions, and California law requires it.

    Even if your employer pays you a salary, says you are "exempt" or an "independent contractor," you may be eligible for overtime pay. It is best to call an attorney if you have any doubt. Some very high-paying professional jobs like Sales or I.T. may be entitled to overtime pay.

    You should also check with an attorney if your employer withholds sales commissions or unilaterally changes your commission plan. Our lawyers can determine what you’re owed and recover your unpaid wages, overtime or commissions.

    SEXUAL HARASSMENT

    All employees have the right to freedom from sexual harassment.

    Sexual harassment can take many forms, such as language inappropriate for the workplace, unwanted advances, or physical contact. It disrupts employees' ability to feel safe and confident in the workplace, and is never acceptable.

    Your employer is required to promptly investigate sexual harassment and take action so that it stops; and it is illegal for an employer to retaliate against a worker for complaining of sexual harassment. If you believe you are facing sexual harassment at your job, you should consult with an experienced attorney. We can review your situation and advise you of your options.

    CLASS ACTIONS

    Sometimes an employer's unlawful employment policy harms a large group of employees.

    When this happens the employees' best interests are often served by banding together as a class, as their combined claims give better negotiating leverage than any one person alone. For example, we recently won a $1.95 million settlement on behalf of a group of wrongly classified independent contractors.

    McCormack and Erlich is experienced handling class actions involving issues of misclassification of independent contractors, unpaid overtime, missed meal and rest breaks, off-the-clock work, and many other employment law issues.

    NEXT: Class action case study.

    Two social workers responsible for manning an all-night child abuse hotline sued their employer for unpaid wages and overtime. The social workers were required to work 16 hours per day on alternating shifts, but were denied overtime despite responding to many calls per shift, and sometimes going out all night in the company of police to the scene of domestic violence.

    They were even called while off-duty when they were trying to sleep. The social workers were deeply committed to the work, they simply wanted the off-duty calls and unpaid wages to stop, for themselves and other workers. McCormack & Erlich was able to get them unpaid overtime, and compel the employer to change its practices so that other workers were treated fairly in the future.

    DISABILITY DISCRIMINATION

    It is illegal for employers to discriminate against an employee on the basis of the employee’s disability.

    Disabled employees have the right to a good-faith evaluation of reasonable accommodations in the workplace. Federal and State laws prohibit discrimination on the basis of any physical or mental impairment that limits how the person performs a major life activity.

    The lawyers at McCormack & Erlich have extensive experience defending employees who have suffered termination for their disability. We will review your case and fight to help you receive the justice and compensation you deserve.

    MEDICAL LEAVE

    If you have been wrongfully terminated for taking medical leave, you should reach out.

    The Family and Medical Leave Act and California Family Rights Act allow employees 12 weeks of unpaid medical leave per year, and make it illegal to terminate employees for taking this leave. We have extensive experience defending employees who have been fired for taking medical leave. We will review your case and fight to help you receive the justice and compensation you deserve.

    What is it like to work with us?

    You should know what it is like to work with any firm you hire. We are happy to share our approach to problem solving and results.

    Unmatched personalized service

    Your team and attorney will always be involved and available to you throughout your case.

    Amazing service

    Unmatched personalized service

    We are a boutique law firm that successfully takes on Fortune 500 companies and governments.

    When you hire us, you will work directly with one of our attorneys through every phase of your case. Unlike many large firms, our lawyers are directly available to our clients and offer personal service that can’t be matched.

    At many law firms, the client will initially meet with a high-powered partner whom they may never speak to again. That isn't the way it works at McCormack and Erlich.

    Insight you can use

    When you meet with us the first time, we will tell you our best assessment of the case strengths and weaknesses.

     

    Honest communication

    Insight you can use

    We explain the process.

    From the very start, you will know how your case will be handled, and you will understand what steps we will take to reach the highest possible reward.

    We know that the best way to achieve good results is by listening to our clients and focusing on their objectives.

     

    We level the playing field

    You should know what it is like to work with any firm you hire. We are happy to share our approach to problem solving and results. Our commitment number three: we give you the advantage.

    A real advantage

    We level the playing field.

    You played by the rules. Your employer should, too. With our legal team, you can face your employer with confidence.

    We aggressively defend your rights and navigate the legal system for you.

    Together, we erase the employer's power advantage over the employee and restore the respect and security you deserve. We always fight to help you receive the highest possible award for your case.

    When you are involved in an employment law dispute with your employer, the odds seem stacked against you. We have the experience to tip the scales.

    Your employer has vast resources, and you can bet they will hire an employment defense firm to protect themselves. We have won successful outcomes for our clients against both local and national employers.

    We listen to your objectives.

    The attorneys at McCormack & Erlich understand that each case presents its own set of challenges and that each client may have a different preferred outcome to any situation.

    Questions answered

    We listen to your objectives.

    The attorneys at McCormack & Erlich understand that each case presents its own set of challenges and that each client may have a different preferred outcome to any situation.

    We deliver a comprehensive assessment of your case and listen to your objectives.

    We want to hear from you about your situation, and we will not only ask you questions but also listen to your answers to help us determine what kind of help we can best provide.

    Your principal attorney is always available, and you will also work with other highly skilled members of the legal team who will be courteous, accessible, and are highly trained.

    Your attorney will be your contact for all your questions throughout your case.

    One of our main priorities is maintaining communication with our clients, and we keep them updated every step of the way. If you have a question, your attorney will get back to you the same or next business day.

    What is it like to work with us?

    Amazing Service

    What you can expect.

    You should know what it is like to work with any firm you hire. We are happy to share our approach to problem solving and results. Our commitment number one: amazing service.

    1 Amazing service.

    Unmatched personalized service.

    We are a boutique law firm that successfully takes on Fortune 500 companies and governments.

    We are a boutique law firm that successfully takes on Fortune 500 companies and governments.

    When you hire us, you will work directly with one of our attorneys through every phase of your case. Unlike many large firms, our lawyers are directly available to our clients and offer personal service that can’t be matched.

    Your attorney will be available.

    At many law firms, the client will initially meet with a high-powered partner whom they may never speak to again. That isn't the way it works at McCormack and Erlich.

    Your team and attorney will always be involved and available to you throughout your case.

    Be wary of firms that will not meet with you. Many of these firms sign up everyone who contacts them and write a short letter to the employer hoping for a quick settlement, but are unwilling to do the hard work needed to get the best results.

    Honest communication

    What you can expect.

    You should know what it is like to work with any firm you hire. We are happy to share our approach to problem solving and results. Our commitment number two: open and honest communication.

    2 Insight you can use.

    Insight you can use.

    When you meet with us the first time, we will tell you our best assessment of the case strengths and weaknesses.

    When you meet with us the first time, we will tell you our best assessment of the case strengths and weaknesses.

    From the very start, you will know how your case will be handled, and you will understand what steps we will take to reach the highest possible reward.

    We listen to you.

    We know that the best way to achieve good results is by listening to our clients and focusing on their objectives.

    You will have an experienced employment attorney from McCormack & Erlich by your side.

    You can trust that our legal team will be available to listen to your questions or concerns at all times during your case. Whether the best plan is to settle out of court or take your case to trial, we are ready to fight for you — every step of the way.

    A real advantage

    What you can expect.

    You should know what it is like to work with any firm you hire. We are happy to share our approach to problem solving and results. Our commitment number three: we give you the advantage.

    3 A real advantage

    We level the playing field.

    You played by the rules. Your employer should, too. With our legal team, you can face your employer with confidence.

    We aggressively defend your rights and navigate the legal system for you.

    Together, we erase the employer's power advantage over the employee and restore the respect and security you deserve. We always fight to help you receive the highest possible award for your case.

    We stack the odds for you.

    When you are involved in an employment law dispute with your employer, the odds seem stacked against you. We have the experience to tip the scales.

    For over two decades, our attorneys have prevailed in employment disputes.

    Your employer has vast resources, and you can bet they will hire an employment defense firm to protect themselves. We have won successful outcomes for our clients against both local and national employers.

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    When you contact us

    California law affords many protections to employees, including extra penalties only available in a court action. Your McCormack & Erlich attorney will explain your legal options to you in plain English and pursue every remedy available under the law. Learn more about the lawsuit process and what happens when you contact us.

    California law affords many protections to employees, including extra penalties only available in a court action. Your McCormack & Erlich attorney will explain your legal options to you in plain English and pursue every remedy available under the law. Learn more about the lawsuit process and what happens when you contact us.

    When you contact us
    The lawsuit process