The answer here depends on your situation. If you have lost your job, you most likely need income to provide for your family and maintain your standard of living. Thus, taking a settlement offer will help ease any financial burden you’re facing. On the other hand, if you want to really send a message to your employer that their actions are unacceptable, the scrutiny and attention a trial demands is a great way of bringing your employer’s actions to light in open court.
The decision of whether or not to file a lawsuit is one that should not be taken lightly, no matter what the circumstances of your potential case may be. This is because filing a lawsuit requires a significant investment of your time, energy, and mental health.
At Maison Law, our firm is proud to work on a contingency fee basis for any employment law case, meaning there is no up front financial cost to you. However, if you are in the position of trying to decide whether or not to file a lawsuit, you likely have financial considerations to take into account.
Free Consultations With Dedicated California Employment Lawyers
In these situations, it’s helpful to know the entire range of options you have. That’s where our team of experienced California employment lawyers can be of service to you. To get started, contact us for a free consultation.
What Does a California Employment Lawsuit Involve?
Generally speaking, every employment lawsuit in California arises out of the violation of one or multiple laws that govern workplace activity in our state. When your relationship with your employer becomes untenable because of:
- Disputes involving your wages
- Your workplace safety
- Your privacy
- Your employer breaching your employment contract
- Being discriminated against
- Being wrongfully terminated
Through our team’s extensive experience with and knowledge of California employment law, we can help lay out what to expect from any potential claim. Again, filing a lawsuit is not a decision to take lightly, so knowing your options can aid in your ultimate decision.
As with any claim, determining whether or not you actually have a case is the starting point. In order to have a viable employment law claim, you need to establish two things:
- Being protected under the law
- The employer taking actions that break the law
Pre-Suit Litigation
With those two elements established, your case will enter into what can be termed “pre-suit” litigation. Basically, pre-suit litigation involves the building blocks for your potential case. Your case will start with providing evidence. Our team can help you gather any important evidence you have of your employers unlawful conduct or activity, which usually includes documentation like:
- Emails
- Text messages
- Recordings
- Written reports
- Disciplinary forms
- Performance reviews
- Performance Improvement Plans (PIP)
- Pay stubs
- Work schedules
- Tax records
Obviously, the evidence you have to show that your rights were violated and your employer chose to take no action to correct it is very important to the outcome of your case. But you should also keep track of any evidence of retaliation after you make complaints to your employer. Things like changes to your work schedule, pay, or job duties can often show that your employer was punishing you for speaking out.
Another facet of pre-suit litigation could involve filing a claim with one of California’s administrative agencies that are charged with enforcing workplace laws. These agencies will launch investigations into your workplace once you formally file a complaint with them, and any evidence they uncover can be used in your lawsuit.
While not every case lends itself to filing with an administrative agency, invariably the next phase will be litigation, which is initiated by filing a lawsuit.
Litigation
The first hurdle to clear in the litigation phase is to make sure your case is filed within the “statute of limitations”. The statute of limitations is the legally mandated time frame in which you can file your lawsuit.
Depending on your type of claim in California, the statute of limitations to file your lawsuit is two to four years from the date the unlawful action began. For example, if you were wrongfully terminated, you would have two years from the date of your firing to file a lawsuit.
Once your case is filed in civil court, your claim for damages is initiated. The court typically provides a very general timetable for how your case will progress, usually issuing a “scheduling order” that sets important deadlines for certain facets of your case. While every case is different, your case will follow a pattern of exchange and gathering of evidence done by both sides. Very likely, you will have to be deposed, where you will be examined by the defense lawyer under oath in front of a court reporter, as will important parties of your employer.
Once the discovery process winds down, your case will begin nearing a resolution. The court typically orders that mediation has to occur, where all the evidence up to that point is presented in front of a mediator and settlement negotiations are entered into. If mediation is not successful, trial is the next step in the process.
Which raises the ultimate question: is it better to accept a settlement offer or go through with a trial?
Is It Better To Settle or Go to Trial?
The answer here depends on your situation. When you’ve had your job , you most likely need income to provide for your family and maintain your standard of living. Thus, taking a settlement offer will help ease any financial burden you’re facing. On the other hand, if you want to really send a message to your employer that their actions are unacceptable, the scrutiny and attention a trial demands is a great way of bringing your employer’s actions to light in open court.
Ultimately, the decision is yours alone to make. However, there are some considerations that our team can help you with, including:
- The amount of the settlement offer
- The terms of the settlement agreement
- The facts and evidence of your case that has been put on record
- The potential stress and scrutiny of trial
- The existence of subsequent or counterclaims
- The jurisdiction of your case and the potential jury pool
Again, since the decision is ultimately dependent on your circumstances, it’s great to have an experienced and dedicated team to guide you. While there are benefits and drawbacks to each, a settlement offer is a guaranteed outcome, where you will be able to get money in your pocket. While trial is a much riskier proposition, the potential rewards of a jury verdict may far exceed a settlement offer.
Our lawyers are well-versed in the tactics defense lawyers use to try to manipulate you into taking a low offer, and can advise you about the strengths and weaknesses of your case should you go through with trial.
Contact Experienced California Employment Lawyers Today
Maison Law’s team of experienced and dedicated California employment lawyers are proud to offer top-rated, full-service legal representation to any California employee that has had their workplace rights violated. Through our experience and knowledge of the law, we can help guide you on how to best approach your case so that you can put this unfortunate situation behind you and move on to the next phase of your career.
To get started with a free consultation, contact us today.
