How Are Damages Calculated in a California Employment Law Case?

When your workplace rights are violated in California, the harm it causes you can be extensive. You’ll likely be out of a job in the short term, meaning you can’t get a paycheck to provide for your family. But often, the more long-term damage it can cause you is even more harmful. On top of the obvious stress and anxiety that can come from these violations, they ultimately erode your ability to trust the person or company you work for. This can have long-term impacts on your job satisfaction and willingness to stay with an employer.

In legal terms, California provides you with the ability to pursue “damages” from your employer in an employment law case. These damages are designed to compensate you for the harm you suffer as a result of your employer’s violation of your legal rights. While challenging, understanding how these damages are calculated and what you’ll need to do to get them is a very important step that will allow you to move forward with your life.

Contact Experienced California Employment Lawyers

No matter what type of employment law situation you find yourself in, Maison Law has the experience and knowledge you need to get the treatment you’re entitled to under the law. Our team of experienced California employment lawyers can help you understand your legal rights and options, including how you can pursue damages from your employer. We have a proven system of success in handling California employment law claims and can make sure you receive the justice you deserve. Contact us today for a free, no-obligation consultation to learn more.

How Do California Employment Laws Protect Workers?

California has some of the most employee-friendly laws in the United States, designed to protect workers from all different forms of unfair treatment in the workplace. Here are some examples of how California employment laws protect workers:

• Anti-discrimination and harassment laws – California’s Fair Employment and Housing Act (FEHA) prohibits discrimination against employees on the basis of their race, color, national origin, religion, sex, gender, sexual orientation, age, and disability. Employers are prohibited from taking adverse employment actions, such as firing or demoting employees, based on these protected characteristics.
• Minimum wage and overtime laws – California’s wage and hour laws provide some of the highest minimum wage rates in the country and require employers to pay overtime to hourly workers that work more than eight hours in a day or 40 hours in a week. Additionally, California law requires employers to provide meal and rest breaks to employees.
• Family and medical leave – The California Family Rights Act provides eligible employees with up to 12 weeks of unpaid leave per year for family and medical reasons, including the birth or adoption of a child, caring for a seriously ill family member, or the employee’s own serious health condition. These employees are also protected from unlawful discrimination, harassment, or retaliation for requesting this leave.
• Whistleblower protections – California has various laws that protect employees who report illegal or unethical conduct by their employers from retaliation, such as being fired, demoted, or harassed. This includes the Whistleblower Protection Act (WPA), which provides protection from unlawful retaliation and discrimination after reporting or complaining about illegal activity in the workplace.
• Workplace safety – California has a comprehensive set of workplace safety laws and regulations designed to protect employees from injury and illness on the job. The California Division of Occupational Safety and Health (Cal/OSHA) is responsible for enforcing workplace safety regulations in the state. Cal/OSHA sets standards for workplace safety and enforces these regulations throughout the state.

Common Employment Law Claims

Taken as a whole, these laws provide a framework for protecting California employees in the workplace. Even though all employers are required to follow these laws and regulations, it doesn’t always happen. Frequently, they lead to violations that can include the following:

• Wage and hour violations – Employees may file a wage and hour claim if their employer has failed to pay them for all hours worked, failed to pay overtime, or failed to provide meal and rest breaks as required by law.
• Wrongful termination – Employees may file a wrongful termination claim if they have been fired for an illegal reason, such as discrimination, retaliation, or whistleblowing.
• Breach of contract – Employees may file a breach of contract claim if their employer has failed to comply with the terms of their employment contract, such as failing to pay promised compensation or benefits.

The bottom line is that violations of your rights in the workplace in California mean that you’ll need to file a claim for damages. In order to do this, you’ll need to understand how the process works and how these damages are calculated. Our team of experienced employment lawyers can help you navigate this process.

Filing a Claim For Damages in an Employment Law Case in California

Claims for damages in California can be initiated by taking legal action against your employer. There are two main elements to any California employment law claim:

• Being protected under the law, either through protected characteristics or engaging in protected activity
• Your employer violating your legal rights as an employee

From there, you can move forward with actually filing a claim for damages. While there is no legal requirement to have a lawyer represent you in this process, you’re highly encouraged to at least speak with one so they can give you a better idea of the legal process. Generally speaking, though, filing a claim for damages in a California employment law case requires the following steps:

• Document the violation – Gather any evidence that supports your claim, such as emails, memos, and witness statements. Keep a record of any conversations or incidents that may be relevant to your case.
• Report the violation to your employer – Once you have the evidence, it’s important to report any violations of your rights to your employer. This will put them “on notice” that violations are occurring, giving them the legal requirement to stop the treatment. If they choose not to (as is often the case), you could have an even stronger claim for damages.
• File a complaint – As an employee with legal protections under California law, you may be able to file a complaint with one of the state agencies responsible for enforcing workplace laws. This can include the California Labor Commissioner’s Office or the Department of Fair Employment and Housing (DFEH), both of which investigate claims of wage theft, retaliation, and other employment law violations.
• Participate in mediation or settlement negotiations – In some cases, you may be able to resolve your dispute through mediation or settlement negotiations prior to filing a lawsuit. Working with our team can help you decide the best path forward if your employer chooses not to participate in these negotiations or offers you a subpar settlement.
• File a lawsuit – If mediation or settlement negotiations are unsuccessful, your next step may be filing a lawsuit. A lawsuit allows you to recover certain monetary compensation from your employer, commonly known as damages. At this point, you will need one of our experienced employment lawyers to actually file a Complaint in civil court and shepherd you through the claims process. Ultimately, your employer will either offer a settlement or the case could go all the way to trial.

How Are Damages Calculated in a California Employment Law Case

First and foremost, the damages that can be recovered in a California employment law case all depend on the facts and circumstances of the specific case. As such, the amount that you may recover in your case will differ from what others can recover in their case. At the same time, there are a general set of damages that are common across these cases. These usually include any lost wages you have, costs relating to your emotional distress because of the violation, and any attorney fees and costs.

In terms of how these damages are calculated, it requires a full effort from both you and your lawyer to gather documentation and then apply that to your case. Usually, this is accomplished in the following ways:

• Lost wages – The calculation of lost wages in a legal context typically involves determining the amount of income that the injured party would have earned had they not been injured. This can include both actual lost wages and potential future lost wages, such as lost opportunities for promotions or career advancement. The calculation may also take into account any benefits or bonuses that you would have received had you not had your workplace rights violated.
• Emotional distress – The calculation of damages for emotional distress is more subjective than for lost wages. It typically involves evaluating the severity and duration of the emotional distress you suffered, as well as any impact it has had on your quality of life. In most cases, mental health professionals may be consulted to help assess the extent of the emotional distress you have suffered.
• Attorney’s fees and costs – In the vast majority of employment law cases, lawyers agree to work on a contingency fee basis. This means that you, the client, pay nothing upfront and your lawyer takes their fee from any result of the case, typically around 30% to 40%. In employment law cases, costs can include expenses such as court filing fees, expert witness fees, and other costs associated with preparing the case for trial. In some cases, attorney’s fees and costs may be awarded as part of a settlement or judgment.

Support and Guidance From Experienced California Employment Lawyers

If you’re facing an employment issue in California, it can leave you feeling targeted and alone. At Maison Law, we want you to know that you don’t have to go through it alone. With the help of our team of experienced California employment lawyers, you can get the support and guidance you need to navigate the complex legal system and protect your rights as an employee.

We’re committed to fighting for your rights and ensuring that you receive the justice you deserve for your damages. Contact us today to schedule a free, no-obligation consultation and take the first step toward resolving your employment issues.