There are few things more important and practical to you than your income. However, when you lose your job, you could potentially be out of much more than just a paycheck. Still, there are certain damages, like back pay, that you can recover in a lawsuit to restore some normalcy to your life.
Back pay includes much more than your salary or wages, and can be rather significant since it is calculated from the date your discrimination began or the date you lost your job up to the date your case resolves. What this means is that, if you have indeed suffered unlawful treatment by your employer, you can hold them financially responsible for your losses.
Explore Your Legal Options With Maison Law
No matter how your claim for back pay damages arises, the team of experienced California employment lawyers at Maison Law can help you stand up to your employer and make sure that you receive what you’re owed.
Our founder, attorney Martin Gasparian, brings years of experience in dealing with insurance companies and large employers who fail to take their responsibility to you into account. Every employer in California has an obligation to its employees to treat them with respect and fairness. When they fail to do so, our firm can help you get what you’re owed.
To learn more about how we can help you, contact us today for a free consultation.
How Does California Define Back Pay?
Under California law, every employee has the right to pursue damages if their legal protections have been violated. Among these damages, back pay is part of any economic losses you may have suffered as a result of your employers illegal actions.
As defined by California courts, back pay refers to:
- Any money and fringe benefits you would have earned had your employer not violated your legal rights.
Thus, there are many different examples of back pay, but they typically include:
- Unpaid or wages that you would have earned had you kept your job.
- Unpaid bonuses or commission.
- Unpaid wages you have earned had you been hired (discriminatory failure to hire).
- Unpaid wages for work you performed under an illegal arrangement.
- Unpaid wages you would have earned had you been classified correctly by your employer.
- Unpaid wages from your last pay period after you resigned or were terminated.
In addition, examples of back pay can be extended to include any money that you were in line to earn because of a promotion or a raise. Back pay can also include unpaid or incorrectly calculated overtime pay.
What Type Of Claim Do I Have For Back Pay Damages In California?
Back pay damages can arise from numerous types of cases in California, usually revolving around wrongful termination, discriminaton, or wage and hour violations. This list is not exclusive, though, and basically any employment claim for damages can result in the recovery of back pay.
Still, the most common types of claims where back pay damages are recovered include:
- Wrongful termination
- Wage and Hour violations
Wrongful Termination
When your employer decides to discriminate against you or take illegal action against you for certain characteristics you have, you may have grounds for a wrongful termination case. The California Fair Employment and Housing Act (FEHA) is the main workplace protection for discrimination, and provides legal protections for certain employees based on any of their following characteristics:
- Race
- Color
- Religion
- Age
- Gender identity, gender expression
- Sexual orientation
- Pregnancy
- Marital status
- Medical Condition
- Military or veteran status
- National origin
- Ancestry
- Disability
- Genetic information
- Victims of domestic violence
- Request for Family Medical Leave Act (FMLA) leave
- Request for California Family Rights Act (CRFA) leave
- Request for leave for your serious health condition
- Request for Pregnancy Disability Leave
Not only does the FEHA protect you and other employees from unlawful discrimination in the workplace, it also protects you from your employer retaliating against you for reporting any illegal activity. In legal terms, retaliation is known as an “adverse employment action” and can include any or all of the following:
- Being fired
- Being demoted
- Being denied a promotion
- Being harassed
- Being excluded from meetings or training exercises
- Being given undesirable work assignments or schedules
- Having your pay or hours reduced
- Being written-up for unwarranted reasons
- Receiving negative performance review
- Being denied benefits
- Not being hired
Any of the above scenarios likely mean that you have a viable “wrongful termination” claim for damages that includes back pay. Still, working with our team of experienced California employment lawyers will help you determine the extent of your damages and whether or not you have a case.
Wage and Hour Violations
California’s Labor Code outlines several provisions regarding how and when your employer has to pay you. Known as “wage and hour” laws, you can sue your employer if they violate them. These laws include:
- Failing to pay you minimum wage
- Failing to pay you overtime
- Failing to pay your final wages on time
- Failing to provide you with meal and rest breaks
- Failing to provide you with Workers Compensation Insurance
- Misclassifying your employee status to avoid paying you overtime or other pay
On top of back pay, lawsuits for these violations typically can help you recover any other lost wages or “liquidated damages”, which are estimates of losses that include accrued interest.
How Can I Get Back Pay Damages in California?
This question has a relatively simple answer: file a lawsuit against your employer. While the answer is simple, filing a lawsuit is significantly more complex. First and foremost, you’ll need to meet with our team of lawyers to lay out the facts of your case and determine if you do indeed have a viable claim.
At the same time, there are certain legal requirements built into any potential lawsuit, most important of which is the “statute of limitations.” In California, you have two years from the date of your termination to file a wrongful termination lawsuit and three years to file a wage and hour lawsuit. Failing to do so means you lose your right to pursue damages.
Once that hurdle is cleared, the strength of your case for damages rests on the evidence you have. Typically when it comes to back pay, you will need to provide the following:
- Pay stubs
- Timesheets
- Your employment contract, if one exists, showing pay schedules or other compensation
- Arbitration agreements, if one exists.
- Other evidence (emails, text messages, etc.) that show you were in line for a promotion or wage increase.
Because of the nature of back pay damages, it will be relatively easy to show what you were earning at the time your employer violated your rights. Still, no two cases are alike, and the unfortunate fact is that every lawsuit is a gamble.
However, you can mitigate the risk of a lawsuit by working with our team of experienced and knowledgeable California employment lawyers.
Get Back Pay Damages With the Help of Skilled California Employment Lawyers
At Maison Law, we take a lot of pride in our approach to claims for damages. Through our experience and proven system of success, we have helped hundreds of clients recover what they were owed when their employer decided to unlawfully fire them or force them out of their job.
No matter what type of claim you have, our team of skilled California employment lawyers can explain your options and help you navigate the complexities of the California court system. If you would like to get started with our team, contact us today for a free consultation.
