This depends on the type of claim you have. California law requires employment lawsuits to be filed within two to four years, depending on the claim. Legally speaking, this is known as the “statute of limitations”. Failing to file within the proper time frame means you give up your right to file a lawsuit, and thus cannot recover compensation.
In some ways, having a specified time frame in which to file a lawsuit against your employer is a good thing. It can really motivate you to take action. On the other hand, filing a lawsuit against your employer is not a decision to be taken lightly. It requires the courage to come forward and stand up to illegal behavior.
California Employment Lawyers Offering Free Consultations
Maison Law and our founder, Martin Gasparian, understand that there is much that goes into the decision to file a lawsuit against your employer. In finding the courage to do so, we hope that a fuller understanding of your legal rights and the potential rewards can make the decision a little easier. To learn more about the entire process, contact us for a free consultation.
When Can I Sue My Employer In California?
In general, you can sue your employer for any violation of your rights as an employee in the workplace. However, there is a timetable in which you have to file your complaint, legally known as the “statute of limitations.” The statute of limitations is very important, because failing to file within the timeframe means you forfeit your right to bring a claim for damages.
In California, the statute of limitations depends on the type of claim you’re wanting to bring. These include:
- Wrongful termination/Hostile Work Environment/”Whistleblower” claims – two years from the date of the “adverse action”
- Wage and Hour Claims – three years
- Breach of verbal contract – four years
- Breach of written contract – two years
Because of the statute of limitations, time is of the essence if you want to sue your employer. That’s why it is in your best interest to contact us as soon as possible, so we can evaluate your case and quickly determine how to proceed.
Why Would I Have To Sue My Employer in California?
Once you make the decision to file a lawsuit against your employer, the next step is understanding the type of case you have. This is where our team of experienced California employment lawyers can really help. Throughout our years of practice, we have handled a variety of different cases and claims. Still, there are some common categories of cases in which you could have to file a lawsuit against your employer.
- Wrongful Termination – If you were fired for any unlawful reason, whether it be reporting illegal activities or voicing concerns of discrimination in the workplace, you could file a wrongful termination lawsuit against your employer.
- Retaliation – Retaliation includes actions that employers take against employees who report wrongdoings. There are variety of different retaliatory actions the employer could take against you, including:
– Demoting you
– Cutting your pay or hours
– Excluding you from work activities
– Firing you - Discrimination – Discrimination occurs when you’re discriminated against because of one or more protected characteristics that you have. This can include your:
– Age
– Race
– Color
– Gender
– Sexual orientation
– National origin - Whistleblower Violations– You have rights to protect yourself and reach out to authorities if your employer is engaging in illegal conduct. This includes making you work in a hazardous or unsafe work environment, forcing you to work in a hostile environment, or otherwise making your work life difficult because you voiced concerns over their illegal actions in the workplace.
- Wage and Hour Violations – When an employer fails to provide you with things like minimum wage or overtime pay, they are violating your rights under California’s wage and hour laws. This opens the employer up to you filing a wage and hour dispute lawsuit against them to get that money (and more) back.
Building an Effective Employment Case in California
Even with knowledge of California law and your rights, you still need the right approach and attitude in order to be successful. With decades of combined experience representing employees, our knowledgeable team of lawyers realize how to stand strong in defense of your interests.
Filing a lawsuit allows you to pursue compensation in the form of damages from your employer. In many cases, you could recover the following damages:
- Lost wages, including unpaid overtime
- Back pay
- Punitive damages
- Pain and suffering
- Emotional distress
If they’re not aware of it already, your employer needs to be made aware that their wrongful behavior is both troubling and illegal. Filing a lawsuit against your employer is just one of the ways in which they can be held accountable, since they’ll likely have to compensate you for your losses and be ordered by the judge to alter their policies and enforcement.
Can I Sue My Employer While I Still Work For Them?
It’s important to understand that you are protected from unlawful retaliation or discrimination at any point of the employment process. This means that you can’t be punished as a result of you contacting our lawyers, even if you still work for your employer. If you wish to report your employer’s wrongdoing and hold them accountable, consulting with our team of knowledgeable and experienced California employment lawyers should be your next step.
California Employment Lawyers That Will Fight For You
At Maison Law, our Employment and Labor Lawyers want to stand by your side, build a strong case, and help you obtain the best possible outcome for your situation. Our California employment lawyers can help you understand your case so that you can fully prepare for the legal challenges ahead. Because there are time limits on when you can file a claim in California, don’t hesitate to contact us today for a free consultation.
