A California employment lawyer represents you in a lawsuit against your employer. Lawsuit claims can range from discrimination to unpaid wages. In a lawsuit, you can recover compensation in the form of damages that includes lost wages, back pay, and emotional distress.
You work hard to support yourself and your family, and California law allows you to do so in an environment that’s safe and free from unlawful behavior that could jeopardize your employment.
Unfortunately, unlawful conduct and behavior in the workplace happens more often than most people realize. When it does, it can turn even the best jobs into toxic and harmful experiences.
California Employment Lawyers At Your Service
At Maison Law, our skilled California employment lawyers can help you turn the tables to hold your employer accountable for unlawful behavior and recover the compensation and dignity you deserve. They can dispel myths about “at-will” employment and help you understand your legal options should your employer continue to violate your rights under California law. To learn more about our process, contact us for a free consultation.
How Can Our California Employment Lawyers Help You?
Probably the most important thing our employment lawyers can do for you is to provide you with the support and validation you need to stand up to your employer. When your relationship with your employer becomes strained because of disputes involving wages, workplace safety, discrimination, or wrongful termination, we can help you understand your rights and determine the best path forward if you want to pursue a claim.
The starting point of any claim is determining whether or not you actually have a case. California has a number of different laws that protect you in the workplace, but consulting with our team of lawyers can help you understand your legal rights, as well as what claim, or claims, you may be able to pursue.
There are two crucial elements to any California employment case:
- Being protected under the law
- The employer taking actions that break the la
With those two elements established, building a case starts 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
Providing a paper trail will be important evidence to show that the complaints were made and that the employer chose to take no action to correct it. From there, any evidence of retaliation should also be documented. The employee should keep track of changes in work schedule, pay, or job duties to show that the employer was punishing them for their complaints.
From there, if your case is deemed to be viable, our lawyers can help you initiate a claim. There are two main ways you can do this, either by filing with one of the state agencies charged with enforcing workplace laws, or by filing a lawsuit.
Pre-Suit Litigation
Often, the first step in bringing a claim is to file it with one of California’s administrative agencies that are charged with enforcing the state’s many workplace laws. Once your claim is filed with a state agency, we can work with them to:
- Subpoena important documents.
- Assist them in conducting investigations into the workplace conduct.
- Help you interpret the agency’s findings.
As the agency’s investigation winds down, they will likely propose a mediation. This will allow them to present their findings, bring the claim to a resolution, and issue a ruling.
Whether you decide to accept the findings or appeal the decision, you will also be given a “right to sue” letter from the agency. This allows you to file a civil lawsuit for monetary damages, which the agencies don’t have the authority to compel.
Filing a Complaint in Civil Court
Once we file your complaint in civil court, your case will officially be initiated. Our lawyers will make sure your case is filed within the “statute of limitations”, which is a legally mandated time frame in which you can file your lawsuit. In California, statutes of limitations for employment law claims can range from two to four years from the date of the unlawful action, depending on the type of claim.
After that hurdle is crossed, patience is key. This is because the litigation phase of your case can drag out for years, although the vast majority of cases resolve sooner. The reason litigation takes so long is because of the “discovery” process. In discovery, both sides formally request information and documents through:
Written questions, known as interrogatories, gather testimony in depositions, and subpoena records and other documents to be used as evidence at trial.
There is typically a very general timetable for how your case will progress, with every case being different. However, as the discovery phase winds down, your case will either resolve at mediation, via a settlement offer, or will go all the way to trial in front of a jury.
Our lawyers have a great deal of experience in working cases up to their maximum value for our clients. While your case can settle at any time, we make sure that we leave no stone unturned when it comes to building your case for your compensation.
What Can An Employment Lawyer Help Me Gain in a Lawsuit Against My Employer?
The practical reason for filing a lawsuit is to get compensation, but also to hold your employer accountable. In California, you can pursue this in the form of damages from your employer, which usually include:
- Lost wages
- Loss of benefits
- Damages related to pain and suffering
- Emotional distress damages
Again, damages vary from case to case. Rest assured, with our team of experienced employment lawyers on your side, we’ll uncover any potential damages and make sure your case for them is as strong as possible.
Experienced and Compassionate Representation From California Employment Lawyers
Holding your employer accountable for their wrongful behavior takes courage and determination. Through our years of experience in dealing with employment law claims, we know how difficult these cases can be. That’s why we work hard to help our clients obtain compensation for their losses. At the same time, the hope is that a lawsuit will make your employer aware of their illegal actions and force them to make changes to their policies. To get started on your case today, contact us for a free consultation.
