Can I Sue My Employer?
Ways to Sue Your Employer
If you’ve been mistreated at work, experienced emotional distress, wrongful termination, sexual harassment or other workplace harassment, lost wages or unpaid wages, or if your employer violated another type of California law or federal law that goes against the legal system, you may be wondering if you can sue them.
There are laws protecting workers from unfair treatment at work that allow them to hold their employer accountable. At Lawyers for Justice, PC, that’s exactly what our employment law attorneys help our clients do. We help them scratch beneath the surface, investigate their claims, and present their strongest case.
Best of all, we help each client on a contingency basis, which means they pay nothing to us up-front; this can be a rare find when seeking out employment law attorneys, but our firm prides itself on its service, confidence, and the techniques we use to go above and beyond for the Californians we serve.
Lawyers for Justice, PC’s employment law attorneys have held big and small companies in America accountable. We aren’t afraid to go after big corporations on behalf of California employees, nor perform the work necessary to get our clients what they deserve. In the past ten years, we’ve recovered millions of dollars on behalf of California workers.
In short, the answer to the question of “can I sue my employer?” is yes.
Under the California Fair Employment and Housing Act, it’s against the law for employers to discriminate against a protected class of employees and even those who are applying for jobs at a company. That discrimination includes unfair treatment based upon race, age (40 and over), religious creed, mental disability, national origin, ancestry, physical disability, color, medical condition, genetic information, marital status, gender expression, sex, gender, gender identity, pregnancy, sexual orientation, or military and even veteran status.
Also, if your employer is not paying your wages, not allowing you to take meal or rest breaks, or us neglecting to pay you overtime wages, you can also bring about a lawsuit. The employment law attorneys at Lawyers for Justice, PC have extensive knowledge in wage and hour cases, making those types of cases ones that we practice very often.
Furthermore, an employment law attorney can also help you in suing your employer if the employer has harassed you or another professional colleague. Perhaps there was sexual harassment, bullying behavior, or another type of inappropriate workplace conduct that made workers at the company uncomfortable or feel unsafe? Our employment law attorneys strive to make sure that if our clients do not feel safe in the workplace, we will get them what they deserve from those who painfully harassed them.
Victims of workplace discrimination, harassment, or mistreatment can bring a lawsuit against the employer. An employment lawyer at Lawyers for Justice, PC can help.
How To Win A Lawsuit Against Your Employer
The entire process of winning a legal claim against your employer requires careful planning and a strong legal strategy. Employment law is complex and hiring an employment lawyer is often the best course of action so that the employer is held accountable and the worker gets what they deserve.
- Document Everything:
- Keep thorough records of any incidents, actions, or policies that you believe are the basis for your lawsuit. This may include emails, memos, performance evaluations, witness statements, and any relevant documents.
- Understand Your Rights:
- Familiarize yourself with employment laws and regulations applicable to your situation. This may include federal laws like the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), or state-specific laws.
- Consult with an Employment Attorney:
- Seek advice from an experienced employment attorney who specializes in the type of case you are considering. Attorneys can provide an assessment of the strength of your case, explain your rights, and guide you through the legal process.
- File a Complaint with the Appropriate Agency:
- Depending on the nature of your case, you may need to file a complaint with a government agency before pursuing a lawsuit. For example, discrimination or harassment claims may need to be filed with the Equal Employment Opportunity Commission (EEOC) or a state agency.
- Mediation or Settlement Negotiations:
- Before proceeding to court, many cases go through mediation or settlement negotiations. Your attorney may negotiate with your employer to resolve the dispute without the need for litigation.
- File a Lawsuit:
- If negotiations fail, your attorney may file a lawsuit on your behalf. The lawsuit will typically specify the legal claims, facts, and the relief you are seeking.
- Discovery Process:
- Both parties engage in the discovery process, where they gather evidence, exchange information, and interview witnesses. This may involve depositions, document requests, and interrogatories.
- Motions and Pretrial Proceedings:
- Attorneys may file motions to resolve certain legal issues before trial. This could include motions to dismiss, motions for summary judgment, or other pretrial motions.
- Trial:
- If the case proceeds to trial, your attorney will present evidence, examine witnesses, and make legal arguments to support your case. The court will ultimately decide the outcome.
- Appeal (if Necessary):
- If you are dissatisfied with the trial court’s decision, you may have the option to appeal the decision to a higher court.
Remember that the success of a lawsuit depends on the specific facts of your case, applicable laws, and the skill of your legal representation. Employment laws can be intricate, so having an experienced employment attorney is crucial for navigating the process effectively. Always seek legal advice tailored to your situation before taking any legal action.
Can I Sue My Employer? – FAQ
can i sue for being fired without warning? Because California is an “at-will” employment state, an employee can be fired at any time, for any reason, without warning.
what to expect when you sue your employer? When employees sue their employer for wrongful termination, emotional distress, a protected class violation, or another issue that violates state laws, the legal process can take a long time to be settled, depending on the nature of the case. The best way to find out more information on a specific situation between and employer and employee, consult a California employment lawyer.
should i sue my employer? Employees should pursue compensation from their employer in a lawsuit if they feel they have been wronged. Each scenario is different. For guidance, consider calling Lawyers for Justice, PC today for a FREE consultation.
can i sue my employer for breach of contract? Whether an employee’s employment contract is written, implied, or oral, an employee has the right to sue for breach of contract in California.
how long do i have to sue my employer? A statute of limitations refers to how long an employee has to file a lawsuit. California law requires employment lawsuits typically be filed within two to four years, depending on the claim.
can i sue my employer after i quit? An employee can sue their employer after they quit if they can prove the employer made their job so bad that they had to resign.
can you sue for unsafe working conditions? The state of California protects workers from unsafe or hostile environments. If an employer creates a toxic work environment, an employee may be able to sue them.
Call us today at 818-647-9323 or visit us at www.CallJustice.com for more information on how you can reclaim what’s owed to you.
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