# Anthony Z. Vargas, Esq. Attorney at Law - San Diego Employment Lawyer > https://www.esquirevargas.com > Last Updated: 2026-08-19 Call Anthony Z. Vargas, Esq. Attorney at Law, for a free and confidential consultation with an experienced San Diego employment attorney. We represent employees only, we handle most cases on contingency, and we are ready to hear what happened at your job. ## Contact - Phone: +1-858-285-4595 - Address: 8880 Rio San Diego Drive, Suite 800, San Diego, CA 92108 ## Locations - San Diego, CA - +1-858-285-4595 Areas served: San Diego, Chula Vista, El Cajon, Vista ## Practice Areas - Sexual Harassment - Hostile Work Environment - Race Discrimination - Sex and Gender Discrimination - Age Discrimination - Disability Discrimination and Accommodation - Pregnancy Discrimination - Sexual Orientation and Gender Identity Discrimination - Religious Discrimination - Wrongful Termination - Constructive Discharge - Whistleblower Retaliation - Workplace Retaliation - Unpaid Overtime - Employee Misclassification - Meal and Rest Break Violations - Unpaid Wages and Final Paychecks - PAGA and Class Actions - Medical and Family Leave - Severance and Non Compete Agreements ## Attorneys - Anthony Z. Vargas, Esq.: https://www.esquirevargas.com/meet-the-attorney/ Highly experienced San Diego employment lawyer, Anthony Z. Vargas, has represented thousands and will fight for your rights. ## Key Pages - Homepage: https://www.esquirevargas.com/ - Blog: https://www.esquirevargas.com/blog/ - Contact: https://www.esquirevargas.com/contact-us/ ## Social Profiles - https://www.facebook.com/people/Anthony-Z-Vargas-Esquire/61576849679602/ - https://www.yelp.com/biz/anthony-z-vargas-esq-attorney-at-law-san-diego-2 - https://profiles.superlawyers.com/california/san-diego/lawyer/anthony-z-vargas/8a1006ca-6ee3-4488-90fc-a8a5131ede92.html - https://www.linkedin.com/in/anthony-vargas-480462368/ - https://www.avvo.com/attorneys/92101-ca-anthony-vargas-4971958.html - https://apps.calbar.ca.gov/attorney/Licensee/Detail/319724 - https://maps.app.goo.gl/ygbvMe3J4SqepAgU7 ## Reviews - Rating: 5/5 based on 249 reviews ## Practice Area Details ### Clairemont Wrongful Termination Lawyer https://www.esquirevargas.com/clairemont-wrongful-termination-lawyer/ Employees in Clairemont rely on Anthony Z. Vargas, Esq. 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Attorney at Law represents Lemon Grove workers harmed by workplace retaliation, building strong claims focused on accountability. ### Liberty Station Sexual Harassment Lawyer https://www.esquirevargas.com/liberty-station-sexual-harassment-lawyer/ Anthony Z. Vargas, Esq. Attorney at Law helps Liberty Station employees confront sexual harassment and fight for fair compensation and a safer workplace. ### Del Cerro Wrongful Termination Lawyer https://www.esquirevargas.com/del-cerro-wrongful-termination-lawyer/ Employees in Del Cerro rely on Anthony Z. Vargas, Esq. Attorney at Law, an experienced wrongful termination lawyer, for trusted guidance and strong advocacy. ### Liberty Station Workplace Retaliation Lawyer https://www.esquirevargas.com/liberty-station-workplace-retaliation-lawyer/ Workplace retaliation threatens Liberty Station employees who report wrongdoing, and Anthony Z. Vargas, Esq. 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Attorney at Law for honest advice and forceful, client focused advocacy. ### Valley Center Whistleblower Retaliation Lawyer https://www.esquirevargas.com/valley-center-whistleblower-retaliation-lawyer/ Anthony Z. Vargas, Esq. Attorney at Law guides Valley Center workers as a knowledgeable whistleblower retaliation lawyer focused on results. ### Miramar Sexual Harassment Lawyer https://www.esquirevargas.com/miramar-sexual-harassment-lawyer/ Victims of sexual harassment in Miramar trust Anthony Z. Vargas, Esq. Attorney at Law for honest counsel and determined, client focused representation. ### Miramar Workplace Retaliation Lawyer https://www.esquirevargas.com/miramar-workplace-retaliation-lawyer/ When workplace retaliation disrupts your Miramar job, Anthony Z. Vargas, Esq. Attorney at Law works to restore fairness and recover fair compensation. ### San Carlos Wrongful Termination Lawyer https://www.esquirevargas.com/san-carlos-wrongful-termination-lawyer/ Employees in San Carlos rely on Anthony Z. Vargas, Esq. Attorney at Law, an experienced wrongful termination lawyer, for trusted guidance and strong advocacy. ### Mission Hills Sexual Harassment Lawyer https://www.esquirevargas.com/mission-hills-sexual-harassment-lawyer/ When sexual harassment disrupts your Mission Hills career, Anthony Z. Vargas, Esq. Attorney at Law works to secure the compensation you are truly owed. ### San Carlos Whistleblower Retaliation Lawyer https://www.esquirevargas.com/san-carlos-whistleblower-retaliation-lawyer/ San Carlos employees seeking a reliable whistleblower retaliation lawyer find thoughtful, results driven help at Anthony Z. Vargas, Esq. Attorney at Law. ### Mission Hills Workplace Retaliation Lawyer https://www.esquirevargas.com/mission-hills-workplace-retaliation-lawyer/ Anthony Z. Vargas, Esq. Attorney at Law stands with Mission Hills workers targeted by workplace retaliation and fights to protect their livelihood and future. ### San Diego Pregnancy Discrimination Lawyer https://www.esquirevargas.com/san-diego-pregnancy-discrimination-lawyer/ San Diego employees seeking a reliable pregnancy discrimination lawyer find thoughtful, results driven help at Anthony Z. Vargas, Esq. Attorney at Law. ### Mission Valley Sexual Harassment Lawyer https://www.esquirevargas.com/mission-valley-sexual-harassment-lawyer/ Anthony Z. Vargas, Esq. Attorney at Law advocates for Mission Valley employees harmed by sexual harassment, building strong cases that pursue lasting justice. ### San Diego Age Discrimination Lawyer https://www.esquirevargas.com/san-diego-age-discrimination-lawyer/ Employees in San Diego rely on Anthony Z. Vargas, Esq. Attorney at Law, an experienced age discrimination lawyer, for trusted guidance and strong advocacy. ### Mission Valley Workplace Retaliation Lawyer https://www.esquirevargas.com/mission-valley-workplace-retaliation-lawyer/ No Mission Valley worker should face workplace retaliation for reporting misconduct, and Anthony Z. Vargas, Esq. Attorney at Law holds employers accountable. ### Jamul Wrongful Termination Lawyer https://www.esquirevargas.com/jamul-wrongful-termination-lawyer/ Employees in Jamul rely on Anthony Z. Vargas, Esq. Attorney at Law, an experienced wrongful termination lawyer, for trusted guidance and strong advocacy. ### National City Sexual Harassment Lawyer https://www.esquirevargas.com/national-city-sexual-harassment-lawyer/ Sexual harassment has no place in any National City workplace, and Anthony Z. Vargas, Esq. 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Attorney at Law guides Del Mar workers through sexual harassment claims with steady support and a commitment to real results. ### Del Mar Workplace Retaliation Lawyer https://www.esquirevargas.com/del-mar-workplace-retaliation-lawyer/ Anthony Z. Vargas, Esq. Attorney at Law protects Del Mar workers from workplace retaliation, seeking justice and a fair resolution to every case it handles. ## Recent Articles ### Anthony Z. Vargas, Esq. Attorney at Law Is Now Focused Exclusively on Employment Law https://www.esquirevargas.com/anthony-z-vargas-esq-attorney-at-law-is-now-focused-exclusively-on-employment-law/ (2026-08-14) Anthony Z. Vargas, Esq. Attorney at Law is now dedicated entirely to employment law, representing employees throughout San Diego County. ### What is the Average Sentence for a Domestic Violence Conviction in California? https://www.esquirevargas.com/what-is-the-average-sentence-for-a-domestic-violence-conviction-in-california/ (2026-07-31) The best way to obtain the most favorable outcome in your case is to work with our San Diego domestic violence defense attorney at Anthony Z. Vargas, Esq. ### What are Your Rights During a Search by Law Enforcement? https://www.esquirevargas.com/what-are-your-rights-during-a-search-by-law-enforcement/ (2026-07-24) At Anthony Z. Vargas, Esq., our San Diego criminal defense lawyer is committed to protecting your rights and will always fight to help you obtain the best possible outcome. ### Can Prescription Medication Result in DUI Charges? https://www.esquirevargas.com/can-prescription-medication-result-in-dui-charges/ (2026-07-17) At Anthony Z. 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Vargas, Esq. can advise on your case. ### Is it Illegal to Own a Silencer in California? https://www.esquirevargas.com/is-it-illegal-to-own-a-silencer-in-california/ (2026-06-19) At Anthony Z. Vargas, Esq., our San Diego weapons offenses lawyer can challenge unlawful searches, file motions to reduce or dismiss your charges, and negotiate with prosecutors or defend your case aggressively at trial. ### What are ‘Wet Reckless’ Charges in California? https://www.esquirevargas.com/what-are-wet-reckless-charges-in-california/ (2026-06-12) At Anthony Z. Vargas, Esq., our San Diego DUI defense lawyer can advise on whether a wet reckless is right in your case, or whether an even better outcome, such as a not guilty verdict or dry reckless, is available. ### What Does it Mean to Evade Police? https://www.esquirevargas.com/what-does-it-mean-to-evade-police/ (2026-06-05) Our San Diego criminal defense lawyer at Anthony Z. Vargas, Esq., can prepare the defense you need for all charges and ensure your rights are protected so you obtain the best possible outcome. ### FAQs About Alcohol-Related Crimes in California https://www.esquirevargas.com/faqs-about-alcohol-related-crimes-in-california/ (2026-05-29) At Anthony Z. Vargas, Esq., our experienced attorney can answer your questions, advise you of your legal options such as diversion programs, and guide you through the process so you obtain the best possible outcome. C ## Frequently Asked Questions Q: Does my San Diego employer have to approve every FMLA or CFRA request? A: No, but the grounds for denial are narrow. The employer can require medical certification, can deny leave that does not qualify under the law, and can require the employee to use accrued paid leave concurrently. What the employer cannot do is deny qualifying leave for operational convenience, personal dislike of the timing, or because the role is hard to cover. A denial that does not rest on a legal basis is interference, regardless of how it is framed internally. Q: Can I be fired while I am on approved CFRA leave? A: The employer can terminate an employee on leave only if the reason for termination is completely unrelated to the leave itself and would have occurred regardless. Layoffs that include the person on leave sometimes qualify if the selection criteria are genuinely independent of the leave status. However, employers frequently use restructuring as a pretext, and courts look carefully at timing, comparator employees, and the stated reasons. If the termination happens during or shortly after a leav... Q: What is the difference between CFRA interference and CFRA retaliation? A: Interference covers situations where the employer impedes, discourages, or denies the leave itself, including failing to properly notify the employee of their rights, miscounting leave usage, or pressuring someone not to use leave they are entitled to. Retaliation covers adverse actions taken after or because of the leave, such as termination, demotion, or changed conditions. A single employment situation can involve both, and the legal theories work differently in terms of what the employee ... Q: My employer says my job was eliminated in a restructuring while I was on leave. What are my options? A: The fact that a position was eliminated is not an automatic defense. CFRA requires reinstatement to the same or a comparable position, and a court will look at whether the position would have been eliminated had the employee not been on leave, whether other employees in comparable roles were retained, and whether the restructuring was driven by legitimate business reasons or was timed to avoid reinstatement obligations. These cases are fact-specific but are among the more common CFRA violatio... Q: How does California's Pregnancy Disability Leave interact with CFRA baby bonding leave? A: PDL and CFRA run separately in California. An employee disabled by pregnancy, childbirth, or related conditions is entitled to up to four months of PDL, and that period does not exhaust the separate twelve weeks of CFRA baby bonding leave available after the birth. A new parent who takes PDL for the period of physical disability can then take additional CFRA leave to bond with the child. The total protected leave period can substantially exceed what either law provides alone, and many employe... Q: My employer gave me intermittent leave approval and then disciplined me for attendance. Is that retaliation? A: It can be. Intermittent leave is one of the more legally complicated aspects of FMLA and CFRA administration, and employers often treat approved intermittent leave absences as attendance violations when the employee uses the leave. If the absence was covered by the approved intermittent leave certification, counting it against the employee for attendance or discipline purposes is a form of interference. The documentation of what was approved, how the leave was being used, and what the employe... Q: Can my employer require me to use my PTO or sick leave during CFRA leave? A: California law allows employers to require employees to use accrued paid sick leave or PTO concurrently with CFRA leave, subject to the terms of the employer's policy and any applicable collective bargaining agreement. The employer must provide advance notice of this requirement. The use of paid leave does not extend the overall leave entitlement, it simply means the employee receives pay during the otherwise unpaid CFRA period. Disputes arise when employers fail to give notice, misapply the ... Q: I returned from leave and everything feels different at work. What should I document? A: Document the specific ways your role has changed compared to before the leave. Note any changes in reporting structure, workload, access to accounts or systems, inclusion in meetings, communication from supervisors, and performance feedback. Keep records of any comments from coworkers or managers that connect the changes to your leave. Write down the dates and details of conversations while they are fresh. If new discipline or negative reviews appear, compare them to the feedback you received... Q: Does CFRA apply if I work remotely for a San Diego company but live outside California? A: The answer typically depends on where the work is performed, not where the employer is headquartered. An employee performing work in California is generally entitled to California's leave protections regardless of where the company's HR department or headquarters is located. For remote workers whose work location is California, CFRA coverage is the norm. For employees living outside California who work for a California-based company but perform their work elsewhere, the analysis is more compl... Q: What damages are available in a CFRA or FMLA case? A: Available damages include lost wages for the period of unlawful denial or the period following a wrongful termination, the value of lost benefits, front pay if reinstatement is not feasible, and in CFRA cases, emotional distress damages, which are not available under federal FMLA but are cognizable under California's broader framework. CFRA claims that proceed alongside FEHA disability discrimination or retaliation claims can also support punitive damages in appropriate cases. Attorney fees a... Q: Can my employer force me to arbitrate a discrimination or harassment claim? A: Generally yes, if the arbitration agreement is enforceable, discrimination and harassment claims under FEHA can be sent to arbitration. However, California law limits how arbitration of these claims can be structured. The employer must pay the arbitrator's fees and all costs of the arbitration. The employee retains the right to conduct meaningful discovery. And the agreement cannot shorten the statute of limitations or reduce the remedies available under California law. An agreement that trie... Q: What happens if I refused to sign the arbitration agreement and was fired? A: If your employer fired you for refusing to sign a mandatory arbitration agreement as a condition of employment, you may have a wrongful termination claim. California law specifically prohibits employers from retaliating against employees for refusing to waive any right, penalty, remedy, forum, or procedure provided by California law, and certain arbitration-related waivers fall within that protection. The viability of the claim depends on the specific circumstances and how the refusal was com... Q: Does an arbitration clause in my employment contract also cover claims against my manager personally? A: This depends on the specific language of the clause. Many arbitration agreements define "claims" broadly and extend coverage to employees, officers, and agents of the employer. Under California's FEHA, individual harassers can be held personally liable alongside the company, and whether that personal liability claim is also subject to arbitration turns on whether the individual is covered by the agreement's terms. Courts look at the exact language and whether the individual was a party to the... Q: My employer's arbitration agreement names JAMS as the arbitration provider. Does that matter? A: The designated arbitration provider matters significantly. Both AAA (American Arbitration Association) and JAMS maintain their own employment arbitration rules, and those rules govern the process, the arbitrator selection method, discovery rights, and fee structures. JAMS and AAA have consumer and employment rule sets that impose certain protections regardless of what an employer's contract says, including the requirement that employers pay the costs of arbitration. Understanding which rules ... Q: Can an employer change its arbitration agreement after I already signed one? A: Employers sometimes attempt to modify arbitration agreements unilaterally by updating an employee handbook or sending a new policy via email. Whether those modifications are binding depends on whether there was genuine notice, whether the employee affirmatively accepted the new terms, and whether there was adequate consideration. In California, continued employment alone may or may not constitute sufficient consideration for a mid-employment modification to an arbitration clause, and courts h... Q: What is a class action waiver and is it always enforceable? A: A class action waiver is a provision in an arbitration agreement requiring each employee to bring claims only individually rather than as part of a class. Under federal law as interpreted by the U.S. Supreme Court, class waivers in arbitration agreements are generally enforceable in NLRA contexts. California courts have largely followed that framework for private employment disputes. However, class waivers paired with PAGA representative action waivers present a different analysis, and the en... Q: If I win in arbitration, can the employer appeal the award? A: Arbitration awards are designed to be final and binding with extremely limited grounds for appeal. A party seeking to vacate an arbitration award must generally show corruption, fraud, misconduct by the arbitrator, or a fundamental procedural failure. An arbitrator who simply got the legal analysis wrong is usually not a basis to vacate the award. This finality cuts both ways: it protects a winning employee from prolonged appeal proceedings, but it also means an employee who loses in arbitrat... Q: Does California law give me any protection against being forced to arbitrate a sexual harassment claim? A: Yes. Federal law passed in recent years specifically addresses this. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which took effect in 2022, gives employees the right to elect to bring sexual assault and sexual harassment claims in court regardless of a pre-dispute arbitration agreement. This federal law applies to claims that arose or accrued on or after the law's effective date and represents a significant limitation on mandatory arbitration in this specific co... Q: My arbitration clause says disputes will be governed by Delaware law. Does California still protect me? A: Courts in California generally refuse to enforce choice-of-law provisions in employment contracts when applying the designated state's law would deprive an employee of protections California has a fundamental interest in providing. Because California has a strong public policy favoring its employee-protective statutes, particularly FEHA, Labor Code protections, and PAGA, courts frequently decline to apply out-of-state law to California employees even when a contract says otherwise. This does ... Q: I was given a severance agreement with a 21-day review period. It contains an arbitration clause. Do I have to take it? A: No. A severance agreement is a negotiated document, and the 21-day review period exists specifically so that you have time to consider it and consult an attorney. The employer is giving you something of value, typically a severance payment, in exchange for a release of claims and often other waivers including an arbitration clause. You are not required to accept the deal as written. An attorney reviewing the agreement before the deadline can assess whether the consideration offered is reasona... Q: Is my non-compete agreement enforceable in California? A: In most employment contexts, no. California's Business and Professions Code voids contracts that restrain someone from engaging in a lawful profession, trade, or business. Standard non-compete clauses in employment agreements generally fall within this prohibition. The narrow exceptions involve the sale of a business and certain partnership and LLC dissolution scenarios. An employee who signed a non-compete as part of a regular job offer, onboarding, or annual agreement renewal almost certain... Q: My employer is in another state. Does that change anything? A: It can complicate the dispute, but California has taken steps to reinforce that California law protects California workers. If you live and work in California, your employer's choice-of-law clause designating another state's law may not override California's protections. Courts and the legislature have both addressed this. That said, an out-of-state employer can still threaten litigation in their home state, which is why having California-based legal representation familiar with how those arg... Q: What is the difference between a non-compete and a non-solicitation clause? A: A non-compete typically prevents you from working for a competitor or starting a competing business. A non-solicitation clause prevents you from contacting former clients or former employees. California treats both critically. Broad customer non-solicitation clauses have been challenged and struck down in California courts when they function as restraints on trade. Non-solicitation of employees clauses are also subject to scrutiny. The label on the clause matters less than what it actually pr... Q: Can my employer sue me in another state over a California non-compete? A: Employers have tried this strategy, and California has responded legislatively. There are provisions designed to protect California workers from being forced into litigation in another state's courts to enforce a void non-compete. The analysis involves where the contract was performed, where you worked, and the specific provisions of the agreement. If your employer threatens or files suit outside California, a San Diego non-compete attorney can help you understand your options for responding ... Q: I signed the agreement years ago. Does it still matter? A: California law changes, and legislative amendments have strengthened employee protections over time. An agreement you signed several years ago under circumstances that might have created some ambiguity may now be clearly void under more recent statutory language. Additionally, an agreement that was arguably enforceable when signed may no longer hold up if the nature of your work, your role, or the competitive landscape has changed. The age of the agreement does not automatically resolve the q... --- Detailed version — see https://www.esquirevargas.com/llms.txt for summary Generated by MileMark Schema Pro