San Diego Employment Lawyer

A Litigator Who Isn’t Afraid to Work — or Fight

Not all attorneys are built for battle. Jack H. Pogosian is.

From the earliest stages of a dispute, Jack prepares every case as if it’s going to trial — not because we’re eager to fight, but because we know that thorough preparation leads to better outcomes. With significant experience on both sides of the courtroom, Jack has represented plaintiffs and defendants in employment law, business litigation, and personal injury cases. His background also includes prior work in insurance defense, giving him unique insight into how “the other side” thinks, plans, and responds.

This depth of experience allows Jack to tailor strategies that anticipate the opposition’s moves while always keeping our clients’ best interests at heart. Whether it means filing a hard-hitting lawsuit, drafting a surgical motion, or negotiating a resolution, Jack brings grit, integrity, and intellect to every matter we handle.

Client-Centered, Results-Driven

Jack Pogosian is not just a sharp legal mind — he’s someone who genuinely cares. His approach is simple: put himself in the client’s shoes and do what he would want done if he were in their place. Sometimes that means going to trial when others would settle. Sometimes it means spending extra hours on a motion that could end the case before it ever sees a jury. And sometimes, it means having a tough conversation that prioritizes your future over short-term wins.

At In Motion Law, APC, we don’t take shortcuts. We don’t take clients for granted. And we never take your trust lightly. Every decision we make is guided by what will benefit you in the long run — even if it means more work for us or less financial reward. That’s the commitment we make to every client who walks through our doors.

Employment Law for Employees and Employers

The workplace should be a place of dignity and fairness. But too often, employees face discrimination, harassment, retaliation, or wrongful termination. At the same time, business owners struggle to navigate California’s complex employment laws while building healthy, compliant workplaces.

At In Motion Law, APC, we stand up for both sides — because justice doesn’t belong to one party. Jack Pogosian has successfully represented employees who were mistreated, underpaid, or unlawfully fired, as well as employers facing lawsuits or trying to proactively avoid them. This balanced perspective allows us to anticipate arguments, diffuse risk, and maximize our clients’ positions — whether in negotiation or at trial.

Our San Diego employment law attorney handles a wide range of employment law issues, including:

• Discrimination and harassment based on race, gender, disability, age, and other protected categories
• Retaliation and whistleblower claims
• Wage and hour violations, including unpaid wages and meal/rest break disputes
• Wrongful termination
• Employment contracts and severance negotiations
• Compliance counseling for employers

Business Litigation That Protects What You’ve Built

Disputes are a natural part of business — but they don’t have to become disasters. At In Motion Law, APC, we help business owners resolve conflicts quickly, strategically, and cost-effectively, with a focus on long-term solutions rather than short-term victories.

Whether you’re dealing with a breach of contract, a partnership dispute, unfair competition, or another commercial conflict, Jack Pogosian brings practical judgment and deep litigation skills to the table. And if a fight is necessary? You want a lawyer who’s been in the trenches and knows how to win.

Personal Injury Representation with Heart

If you’ve been injured through no fault of your own, you’re not just dealing with physical pain — you’re dealing with medical bills, lost income, and an uncertain future. You deserve a lawyer who takes your recovery seriously and fights for every dollar you’re owed.

Jack represents personal injury plaintiffs with the same tenacity he brings to employment and business cases. His experience in insurance defense gives him insight into how insurers think and settle — and how to beat them at their own game. He understands that this isn’t just a case. It’s your life. And he treats it that way.

Why Is the Firm Called In Motion Law?

When people think of litigation, they often picture the live action of a courtroom trial, with flashy lawyers interrogating witnesses and making passionate speeches to juries. While trials do have their dramatic moments, much of the real work in litigation takes place before the trial even gets underway, through the filing and arguing of motions to the judge. Judicial rulings on motions set the stage for a trial, determining the scope and nature of witness testimony, physical evidence and other critical matters. Motions can even decide essential questions such as liability, or result in a case being dismissed before a jury is ever seated.

Jack Pogosian is a trial-focused litigation attorney with a great deal of litigation experience under his belt. He is not afraid to be in court and fight, and he looks forward to advocating for his clients in front of a jury. But a key to his success is his great law and motion practice. Jack puts extra effort into drafting and arguing motions that set the stage for success before, during or after trial (in pre-trial, trial, and post-trial motions). This practice requires more work but it gets better results. It is an area of litigation where Jack Pogosian truly excels, which is why the law office of Jack H. Pogosian is aptly named In Motion Law, APC.

San Diego Employment Law FAQs

Answers to Common Workplace Law Questions in California

At In Motion Law, APC, we routinely advise both employees and employers across a wide spectrum of federal and California employment law issues. Whether you’re dealing with a workplace dispute, trying to understand your legal rights or obligations, or just want to ensure compliance, having clear, reliable information is essential. Below are answers to some of the most frequently asked questions we receive. These are general overviews and not a substitute for personalized legal advice, but they can help you understand the landscape. For help with an employment law matter in California, contact In Motion Law, APC, to speak with a skilled and experienced San Diego employment law attorney.

What rights do employees have under California employment law?

California law provides broad protections for employees. In addition to the rights afforded under federal laws, such as those enforced by the Equal Employment Opportunity Commission (EEOC), California offers even stronger safeguards through its Civil Rights Department (CRD), Labor Code, and wage orders. Employees have the right to work free from discrimination and harassment, to be paid properly and on time, to take meal and rest breaks, to receive family and medical leave where applicable, and to raise complaints or report violations without fear of retaliation. Many rights apply to all workers regardless of company size, and some extend even to independent contractors or job applicants in certain contexts.

How do employers stay compliant with California’s employment laws?

Compliance starts with knowledge. Employers must understand not only federal laws like Title VII, the FLSA, and the ADA, but also California-specific laws that often go further — such as the Fair Employment and Housing Act (FEHA), the California Labor Code, and wage orders issued by the Industrial Welfare Commission. Employers can stay compliant by maintaining well-drafted policies and employee handbooks, regularly reviewing pay practices, providing harassment training, documenting disciplinary actions fairly, and keeping up with changes in the law. Proactively consulting with employment counsel — especially when questions or conflicts arise — is one of the most effective ways to manage risk and protect your business.

What should an employee do if they believe they’ve been wrongfully terminated?

If you were terminated and believe the reason may have been illegal — such as discrimination, retaliation, or refusal to participate in unlawful activity — you may have a claim for wrongful termination. The first step is to document everything: who was involved, what was said or done, and the timeline of events. You should also review any employment agreements or company policies that may apply. In many cases, filing a complaint with a state or federal agency (such as the CRD or EEOC) is required before filing a lawsuit. At In Motion Law, we can help assess whether the facts support a potential claim and advise you on the best path forward.

What is considered “work time” for wage and hour purposes?

California has some of the strictest wage and hour rules in the country. “Work time” generally includes all time an employee is under the employer’s control — not just when they are actively performing job duties. This can include time spent waiting, traveling between job sites, or putting on required gear (in some cases). Off-the-clock work is generally prohibited. Non-exempt employees must be paid for all hours worked and receive overtime pay when applicable. Disputes often arise when employers misunderstand how to classify employees or when workplace policies aren’t consistently enforced. Our firm can evaluate pay practices and assist with compliance or claims.

Can an employer require employees to sign arbitration agreements?

Yes, but with caveats. While many California employers use arbitration agreements to resolve disputes outside of court, recent changes in the law — and ongoing court challenges — have made this area complex. In some situations, mandatory arbitration agreements are enforceable, particularly when properly drafted and presented to employees voluntarily. However, employers cannot retaliate against employees who refuse to sign certain types of arbitration agreements, and certain claims (such as PAGA actions) may not be subject to arbitration. Whether you’re an employer seeking to implement arbitration or an employee concerned about your rights, we can provide guidance based on the most current legal developments.

What counts as workplace harassment under California law?

Harassment is more than just rude or unprofessional behavior. Under both federal and state law, it includes unwelcome conduct based on a protected characteristic — such as sex, race, age, disability, religion, or sexual orientation — that is either severe or pervasive enough to create a hostile or offensive work environment. It can take the form of verbal comments, slurs, inappropriate jokes, physical conduct, visual displays, or even online activity. California law also recognizes “quid pro quo” harassment, where job benefits are conditioned on submitting to unwanted advances. Employers have a duty to prevent and promptly address harassment complaints. Employees who experience it should document the conduct and consider reporting it internally or externally.

How do I file a discrimination complaint in California?

Discrimination complaints typically start by filing a charge with either the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Which agency is appropriate depends on the circumstances, but the two often work together and share information. You usually must file within a year of the discriminatory act in California (or 300 days with the EEOC), although some exceptions may apply. The agency will investigate the claim, may facilitate mediation, and will eventually issue a determination. If the agency declines to pursue the matter, you’ll receive a “right to sue” notice that allows you to institute legal action in court. Our firm can help you prepare your charge, communicate with investigators, and represent you if your claim moves forward.

Do employers need written contracts with employees?

Not necessarily, but written agreements are strongly recommended. Most employees in California are considered “at-will,” which means the employment relationship can be ended at any time by either party, with or without notice or cause (except for illegal reasons). However, written contracts can clarify job duties, compensation, confidentiality expectations, and other terms that reduce misunderstandings and disputes. Employers should be especially careful when hiring executives, key personnel, or independent contractors. Our firm assists employers in drafting customized contracts that meet business goals while staying compliant with California law.

Are noncompete agreements enforceable in California?

Generally, no. California has some of the nation’s strictest laws against noncompete clauses. Most agreements that restrict a former employee’s ability to work in a similar field after leaving a job are unenforceable — even if voluntarily signed. There are very limited exceptions, such as in the context of selling a business. Employers who use noncompete clauses risk not only having them invalidated but also facing legal liability under state law. That said, other tools — like confidentiality agreements and trade secret protections — can often achieve similar goals legally. We help employers and employees understand what restrictions are lawful and how to navigate disputes.

How can In Motion Law help?

We bring experience on both sides of the aisle — representing employees seeking justice and employers seeking to stay compliant or defend against claims. We’re not afraid of litigation, but we also recognize when negotiation and early resolution serve our clients better. Whether you’re facing a specific legal issue or simply want to protect your rights and business interests, we’ll take the time to understand your goals and give you the honest, high-quality legal representation you deserve.

Do you offer free consultations?

Yes. We would be happy to take your call, listen to your situation, and let you know how we can help. For plaintiffs in employment matters, we take cases on a contingency fee basis, meaning we don’t charge any fees upfront and only accept a fee if we are successful. For employers and defendants, we offer hour and flat-fee options to best represent you efficiently and effectively.

Why Choose a San Diego Employment Lawyer at In Motion Law, APC?

When you hire In Motion Law, APC, you’re not just hiring a law firm. You’re hiring a dedicated ally. We take pride in being accessible, responsive, and invested in your outcome. You’ll never be passed off to an assistant. You’ll always know where your case stands. And you’ll have a lawyer who cares as much about your success as you do.

We combine litigation experience with a human touch — fierce in the courtroom, approachable in the office. Our San Diego employment attorneys fight hard, but we don’t play games. And we tell you the truth, even when it’s hard.

Employment Law Firm Serving Throughout San Diego

• La Jolla
• Pacific Beach
• Ocean Beach
• Mission Beach
• Little Italy
• Gaslamp Quarter
• North Park
• Hillcrest
• East Village
• University City
• Carmel Valley
• Del Mar
• Coronado
• Barrio Logan
• Encinitas

Let’s Get to Work

If you’re facing a legal challenge — whether it’s at work, in your business, or after a serious injury — don’t face it alone. Contact In Motion Law, APC today for a confidential consultation. Let our San Diego employment lawyer show you what it means to have a true advocate in your corner.