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California Employment Law Damages: Attorneys’ Fees

When you file an employment lawsuit in California, the money you win is categorized into groups based on the losses you suffered because you lost your job. For example, recovering lost wages relates to the money you are no longer able to earn because your employer illegally fired you.

But there are other damages that can be awarded in an employment law case that don’t relate directly to your loss of employment. Usually, these awards are for “attorneys’ fees and costs”, which means if you win your lawsuit, not only will your employer have to compensate you for any economic damages you suffered, but will also have to pay your lawyer’s fees as well.

Experienced and Knowledgeable California Employment Lawyers Offering Free Consultations

At Maison Law, we understand that you may have practical reasons for not pursuing a claim, no matter how open and shut your case may seem. For most California workers, the cost of retaining a lawyer and filing a lawsuit can be overwhelming. However, our team of experienced California employment lawyers not only offer free consultations, but we work on a contingency basis, meaning you pay nothing up front for our expert legal services.

If you would like to explore your legal options, contact us today for your free initial consultation.

How Much Will It Cost Me To Hire a California Employment Lawyer?

There is a common misconception that every attorney is paid on a “retainer agreement” meaning you are billed for your lawyer’s service fees at some agreed increment.

On the contrary, our lawyers-and most lawyers that represent plaintiffs in employment cases-work on what is known as a “contingency-only” basis. What this means is that you receive our dedicated and expert legal services without paying any money out of your pocket up front. Typically, our fee agreements lay out the terms and conditions of the work we’ll do for you, as well as how our fees, costs, and expenses will be handled. What this means for you is:

  • In most cases, we advance our court costs.
  • We can advance any litigation expenses, such as your or our travel, lodging, etc.
  • We begin working on your case as soon as you sign our representation agreement.
  • There is no up-front payment from you for any of our services.

In exchange for this contingency fee, our firm will take an agreed-upon percentage of any settlement you receive. We take pride in our legal services, as well as our ability to keep you updated on any changes to your case and our representation of you.

What Are Common Attorneys’ Fees in California?

The biggest expense of pursuing a legal claim is typically the attorney’s fees, or the necessary cost that it takes us to actually work and spend time on your case. However, there is a range of other expenses associated with filing a lawsuit. These costs may include:

  • Filing fees
  • Court reporters’ fees for depositions
  • Reasonable costs for copies, postage, and other expenses
  • Fees for expert witnesses and investigators
  • Fees for a sheriff or process server to deliver or serve a complaint, summons, or subpoena

With our contingency fee agreements, you aren’t required to pay any of these costs upfront. Rather, our firm pays for these fees, keeps track of them, and will provide you with an itemized statement at the conclusion of your case.

Standard Phases of a California Employment Case

While every case is different, the process for recovering attorneys’ fees and other damages involves filing a lawsuit against your employer. Once you do that, your case will follow a general roadmap as other standard California employment law cases.

That said, the phases of an employment case usually consist of pre-suit, litigation and resolution.

Pre-Suit

The pre-suit phase of your case involves several different tasks, most important of which involves determining the viability of your claim and gathering evidence that supports it. In some instances, the pre-suit phase of your case will begin even as you are still employed. California’s anti-retaliation laws hold that your employer cannot fire you or take action against you for considering or even filing a lawsuit against them.

The evidence gathering process is also something you can begin even if you’re still employed. This includes saving any documentation you have, like texts, paystubs, emails, or recordings that prove your employer is violating your rights in the workplace.

Consulting with us, especially early on, can be beneficial to helping you understand your options and viability of your case. We can work with you to gather any other pertinent evidence and documentation.

After we agree to represent you, our fee contract goes into effect. Part of our legal services includes making sure your case is filed within the proper statute of limitations, which differs from claim to claim in California.

Litigation

Once your complaint is filed in civil court, your claim for damages will officially be initiated. As with any lawsuit, patience is key. While there is a general timetable for a case moving through the litigation phase, the process can last for years.

Most of the time, cases resolve much more quickly. The litigation phase is so taxing because of the “discovery” process, or the formal gathering and exchanging of evidence between us and your employer’s attorneys.

Resolution

Most cases resolve in two ways: settlement or trial. Filing a lawsuit is always a gamble, with no guarantee of a favorable outcome. That said, our team of experienced and skillful lawyers have a proven track record of success that can make sure you get the compensation you deserve.

Furthermore, your case can settle at any time once in the litigation phase, even during trial. However, it is far more likely that your case will resolve either prior to or during the court-ordered mediation.

Other than attorneys’ fees, any settlement amount you receive will be usually based on:

  • Your lost wages
  • Any lost benefits
  • Your emotional distress damages

Again, your case is unique, so your settlement amount will vary depending on the circumstances and facts involved. Plus, based on our agreements, our payment will be taken as a percentage from your settlement amount. This amount includes our fees and costs, which also varies from case to case.  Overall, our firm takes great pride in making our services affordable and will keep you apprised of any changes at any point during our representation of you.

Contact Our California Employment Lawyers Today

At Maison Law, we believe our approach to employment law cases sets us apart from other California employment lawyers and we believe that our results speak for themselves. Our top priority is always client satisfaction and if you choose to work with us, know that we will work tirelessly on your behalf to get you the compensation you deserve.

To learn more about our process, please contact us for a free consultation.