Rep the Worker®
Legal Services BY SMITH LAW
A Smith Law initiative advocating for California employees in wrongful termination, discrimination, retaliation, harassment, and workplace rights matters.
Family-Focused Advocate & Empathetic Approach
Benjy Smith, a father of four and married to a therapist, brings a deep sense of empathy to his work. His own regular therapy sessions enhance his
compassionate approach, ensuring clients facing unjust employment practices feel supported both legally and emotionally.
Bar Champion & Educational Excellence
Benjy passed both the New York and California bar exams on his first try, with elite legal training from USC and Loyola Law School.
Litigation Leader & Champion for Employees
With over 17 years of high-stakes litigation experience, Benjy has successfully represented employees in discrimination cases, recovering millions for more than 1,000 employees.
Trusted by Clients & Legal Luminary
Backed by 260+ five-star reviews and recognized by Southern California Super Lawyers (Rising Stars 2013–2018; Super Lawyers 2022–2026), Benjy’s skill and commitment to client satisfaction are unmatched.
At Smith Law, we recognize the vital importance of trust and satisfaction in the attorney-client relationship, especially in sensitive matters like wrongful termination, discrimination, and retaliation.
We guide you through the intricate legal landscape of employment, ensuring you understand your rights and the best course of action.
Our team takes decisive action to safeguard you from retaliation and ensure your rights are upheld throughout the legal process.
With our contingency fee structure, you can pursue justice without the worry of upfront legal costs, alleviating financial stress during this challenging time.
We recognize the emotional toll of discrimination and provide compassionate support, helping you manage stress and focus on your well-being.
Our prompt legal intervention ensures that discriminatory practices are addressed quickly, protecting your rights and career.
We are committed to securing favorable results for you, leveraging our expertise to increase the chances of a successful resolution.
At Smith Law, we are committed to standing up for employees who face employment injustices at work. Led by Benjy Smith, our team combines extensive legal expertise with compassion to protect your rights and hold employers accountable.
With over 17 years of experience and consistent recognition by Southern California Super Lawyers, we’ve successfully secured justice for clients facing wrongful termination, discrimination, and retaliation cases in the workplace. Backed by 260+ five-star reviews, we provide personalized, results-driven support at every stage of your case.
No upfront costs, no risk – you only pay when we win.
“Hi, my name is Mya, and I just won a lawsuit with the Smith Law Firm. Let me tell you, they are all such amazing and great people. They provided me with employment legal services, and my overall experience was definitely a 10 out of 10.
They are the easiest, most patient, and kindest people you can ever work with, and they truly try to get the most out of your case. In my case, I was only 17 years old when I was going through employment issues, and they were very supportive and had my back throughout the process.
My experience with them was life-changing. I am so happy and grateful for the outcome, and I highly recommend going to them.”
“Hi, I’m Cyrus. I’d like to share my positive experience with Smith Law. A year ago, I found myself in a difficult situation; I needed a legal team to guide me through the process. Smith Law was incredibly supportive—they stepped in immediately, provided all of the legal assistance I needed, and their communication was consistent.
They handled every aspect of the legal work with professionalism. In the end, I was extremely satisfied with the outcome. I highly recommend working with Smith Law if you ever need any legal assistance.”
“Benjy is an exceptional lawyer. His and his team’s consistency, thoughtful approach, and genuine care truly set him apart for us. I highly recommend Benjy for anyone seeking legal assistance!”
“Thank you very much to Smith Law for their help; they know how to do their job very well, 10 out of 10. If I ever needed them again, I would contact them without hesitation. Thank you so much for your help.”
“The Best!! Helped me and guided me with the BEST ADVICE!! Super Fast Results!! Thank You!!!”
“10 gold stars ⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️ Mr. Smith & his office defended me, and I WON 🏆💃🌮🎉 Thank you so much!!”
“Thanks to Smith Law for being a very positive, professional, kind, reasonable, and attentive lawyer. First time needing legal help, and I was very happy with the results.”
(Translated from Spanish)
“Quick turnaround time, professional, and got me paid—referred some clients and definitely would look to them for any future assistance should I need it! Thank you!!”
Harassment is illegal when it's based on a protected characteristic, such as sex, race, age, disability, religion, national origin, sexual orientation, or gender identity, and is severe or pervasive enough to create a hostile, intimidating, or offensive workplace. Under California law, a single serious incident can be enough. Sexual harassment also includes unwanted sexual advances and requests for sexual favors in exchange for job benefits.
Discrimination occurs when you are treated unfairly due to characteristics like race, gender, age, pregnancy, disability, religion, national origin, sexual orientation, gender identity, medical condition, marital status, military or veteran status, or another characteristic protected under California law. If you’ve experienced negative actions such as being fired, demoted, or denied opportunities because of these factors, you may have a valid claim.
Retaliation happens when your employer punishes you for reporting discrimination, harassment, or other illegal activities. This could include being fired, demoted, or facing negative changes in your job duties.
Retaliation can also include punishment for requesting a disability or pregnancy accommodation, taking protected medical or family leave, complaining about unpaid wages, or reporting a violation of law to a government agency.
No, it is illegal for your employer to fire you or take adverse actions against you for reporting harassment, discrimination, or other workplace misconduct. If this happens, it may be grounds for a retaliation claim.
You're protected as long as your complaint was made in good faith, even if your original complaint isn't ultimately proven.
Write down what happened, including dates, names, and witnesses, and keep copies of emails, texts, and performance reviews on a personal device, not a work account. Report the conduct in writing to HR or a supervisor. Because strict filing deadlines apply, speak with an employment lawyer as soon as possible.
California is an "at-will" state, so employers can usually end employment without a reason. But they cannot fire you for an illegal reason, such as discrimination, retaliation, taking protected leave, or refusing to break the law. A termination like that may be wrongful.
No. It is illegal to fire or demote you because of pregnancy, a pregnancy-related condition, or a disability, or for taking leave protected under CFRA or Pregnancy Disability Leave. Employers must also provide reasonable accommodations.
Most hourly employees in California must be paid overtime for work over 8 hours a day or 40 hours a week, and must receive meal and rest breaks. If you're missing breaks or unpaid for time worked, you may be owed back pay and penalties.
In California, the main protections come from the Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), and the California Labor Code, including its whistleblower protections. Federal laws such as Title VII, the ADA, and the ADEA also apply. FEHA's discrimination protections generally cover employers with 5 or more employees, and its harassment protections apply to employers of any size.
In most California discrimination, harassment, and retaliation cases under FEHA, you have three years from the date of the unlawful act to file a complaint with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH). After CRD issues a right-to-sue notice, you generally have one year to file a lawsuit. Other claims, such as wage claims or wrongful termination, can have different, shorter deadlines, so it's best to speak with an attorney as soon as possible.
It starts with a free, confidential consultation. If we take your case, we investigate and gather evidence. For most FEHA claims, we file with the Civil Rights Department and obtain a right-to-sue notice before filing a lawsuit. Many cases resolve through negotiation or mediation, and if not, we take your case to trial.
Depending on your case, you may recover lost wages and benefits (back pay), future lost earnings (front pay), emotional distress damages, and attorney's fees and costs. Punitive damages may be available when the employer acted with malice, oppression, or fraud.
Smith Law represents California employees in harassment, discrimination, retaliation, and wrongful termination cases. We guide you from the first consultation through settlement or trial. Our firm is only entitled to attorney's fees if we obtain a monetary recovery for you.
Consultations are free. We work on contingency, so our firm is only entitled to attorney's fees if we obtain a monetary recovery for you.
Yes. We offer intake and support in Spanish and Tagalog.