(619) 736-8910

John F. McCarthy

525 B Street – 15th Floor
San Diego, California 92101

(619) 736-8910

(844) 735-8360

Email John F. McCarthy


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


Speaking Engagements & Professional Affiliations

John speaks to various organizations on business law, HR 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 San Diego, San Diego 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.  In his spare time, John is a board member of the Ocean Beach Kiwanis.

Early Years — Growing Up

farming communityJohn F. McCarthy’s grew up in a farming community. John went to work for an employment law firm representing large agricultural employers. 

Working on the California Central Coast, John saw firsthand the dramatic, ugly and costly problems between employers and employees.  After a long stint as an associate attorney, John decided to move to San Diego where he founded his own law practice. John hasn’t looked back!


Business & Corporate Law matters such as:

Employer-Side Employment Law matters such as:

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


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Bar Admissions


Published Works

Speeches / Lecturs

Honors and Awards

Professional Associations and Memberships

John has received the following 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


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?

San Diego 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…

FAST, FREE, Confidential Case Evaluation

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.


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McCarthy Law

525 B Street, Suite 1500
San Diego, CA 92101
(619) 736-8910 (844) 735-8360 Email McCarthy Law