Being employed in California provides you with several benefits, including some of the most comprehensive legal protections in the country. While these laws protect you from various illegal treatment by your employer, it also gives you the option to take steps to hold them accountable. Chief among these options is filing a claim against them. When you enter into this process, the ultimate goal is resolution, which includes a settlement of some sort.
If you are an employee in California who has been involved in a dispute with your employer, you may be wondering how the employment law settlement process works. The settlement process is a way to resolve legal disputes without going to trial, and can often result in a quicker and less costly resolution than a lawsuit.
Knowledge and Experience From Skilled California Employment Lawyers
No matter what type of claim you have, though, working with experienced California employment lawyers can help you navigate this process.
At Maison Law, we understand that navigating the complex web of California employment laws can be overwhelming and intimidating. Our team of skilled employment lawyers has the knowledge and experience necessary to help you understand your legal rights and pursue the justice you deserve. Contact us today to set up a free consultation.
What Are the Employment Laws In California?
Not only is California a great place to work because of its diverse and dynamic economy, but it also provides every worker with extensive protections in the workplace. These protections range from anti-discrimination and harassment laws to wage and hour laws, each designed to make sure that every workplace in California is one where workers are treated and paid fairly. These laws cover the following areas:
- Discrimination – California law–specifically the Fair Employment and Housing Act (FEHA)– prohibits discrimination on the basis of race, gender, age, national origin, disability, sexual orientation, and a host of other characteristics. It also prohibits retaliation from your employer for voicing concerns about illegal conduct or activity. If you have experienced discrimination in the workplace, our lawyers can help you pursue legal action against your employer.
- Harassment – Employers are required to provide a safe and harassment-free work environment. If you have experienced harassment or other forms of workplace misconduct, we can help you hold your employer accountable and seek compensation for your damages.
- Wage and hour violations – California law requires employers to pay their employees minimum wage, provide meal and rest breaks, and pay overtime for hours worked beyond a certain threshold. If your employer has failed to comply with these laws, our lawyers can help you recover unpaid wages and seek other damages by helping you file a claim.
- Wrongful termination – California is an at-will employment state, meaning that employers can terminate employees for any reason, as long as it is not illegal. However, if you are fired for reporting discrimination or unsafe conditions, you may have a wrongful termination claim.
- Workplace safety violations – Employers in California are required to provide a safe and healthy work environment for their employees. The California Division of Occupational Safety and Health (Cal/OSHA) sets workplace safety standards and enforces regulations to protect employees from hazards and prevent workplace injuries and illnesses. Employers who violate workplace safety regulations can face penalties and fines, as well as civil lawsuits from employees who are injured or become ill as a result of unsafe working conditions.
Every workplace in California is unique, but these laws apply across the board. At the same time, not every instance of mistreatment in the workplace rises to the level of illegal. That’s why it’s important to work with our experienced lawyers. We can help you determine the viability of your claim, and explain your options to you.
The Employment Law Case Process in California
The employment law case process in California can be complex and time-consuming, but it is designed to ensure that you and other employees have a fair and impartial method to seek justice and hold employers accountable for their illegal actions. While every case is unique, the general process for an employment law case in California is split into two categories: pre-suit and litigation.
- Pre-suit – In California, the pre-suit process typically begins with filing a complaint with the appropriate government agency, such as the Department of Fair Employment and Housing (DFEH) or the Division of Labor Standards Enforcement (DLSE). If the agency finds evidence of discrimination or harassment, it may pursue legal action on behalf of the employee or issue a “right to sue” letter, which allows you to file a lawsuit in court.
- Litigation – The litigation phase begins when our team helps you file a Complaint in civil court. From there, your case may proceed through the discovery process, mediation, and eventually, a trial. However, the vast majority of employment law cases in California reach a settlement prior to going to trial. Thus, it’s important to understand how the settlement process works.
How Does the Settlement Process Work in a California Employment Law Case?
Again, every case is unique and they rarely proceed in the same way. At the same time, though, there is a general roadmap for how a case winds down and reaches its conclusion. When your case reaches this point, it’s called the settlement process. This process usually works in the following way:
- Mediation – At any point during the litigation process, you and your employer may agree to participate in mediation, which is a non-binding process in which a neutral third party a (mediator) helps facilitate settlement negotiations.
- Settlement conference – If you and your employer are unable to reach a settlement through mediation, the court may schedule a settlement conference, in which a judge or magistrate will meet with the parties to discuss settlement options.
- Settlement agreement – When the parties are able to reach a settlement, they will enter into a written agreement that outlines the terms of the settlement, which includes:
- The amount of money your employer will pay you
- Any non-monetary terms
- The release of any claims you have against the employer
- Dismissal of the case – Once the settlement agreement has been signed, the parties will typically file a joint request to dismiss the case with the court.
It’s important to remember that the settlement process of your case may vary depending on the specific circumstances of your case. Further, it’s important to be patient and persistent, as employment law cases can take time to resolve, but with the right legal representation, you can pursue justice and hold your employer accountable for any wrongdoing.
California Employment Lawyers Will Stand Up For You
When you lose your job in California, it can be extremely stressful for you and your family. But when your employer violates the law by terminating you or otherwise separating you from employment, it can be even more stressful.
That’s where Maison Law and our team of experienced California employment lawyers can help. We know how difficult this situation can be, but we also have the skills and experience to get you the support you need. As a California employee, you have certain rights and protections in the workplace, including filing a claim that will likely reach a settlement. This support is vital in helping you move forward, and our team will be with you every step of the way. If you’d like to get started, contact us today for a free consultation.
