Legal Grounds For Filing A Lawsuit Against Your Employer In California
There are several ways employees can fight back against unfair and discriminatory employers in California. That said, you still need to figure out whether their actions can be considered valid legal grounds to be sued and which claims you can sue them for.
Our prescreened California Employment Attorneys have reviewed a variety of labor law cases. Here are the most common lawsuits that employees file against their bosses and the possible challenges that come with them:
What Are Things You Can Sue A Company For In California?
Since there are various types of employees, work agreements, and corresponding labor laws, we'll look at California's most common lawsuits against employers.
Our prescreened California Employment Attorneys have handled the following:
Discrimination. Discrimination in California employment law pertains to discrimination against protected characteristics like age, race, religious beliefs, etc. Some employers will try to blame their adverse employment actions on something else. (i.e., they cut your pay because of poor performance, even though you were doing fine).
A California employment discrimination attorney will often gather evidence to ensure that your employer doesn't chalk up your demotions and pay cuts to discrimination. This will solidify your lawsuit against an employer for unfair treatment in California.
Wrongful Termination. This happens when an employee is fired due to discriminatory or illegal reasons. For example, if an employee is fired because of their religious beliefs, they have the right to find a Wrongful Termination Lawyer in Los Angeles to help them sue.
If you're unsure if your case falls under wrongful termination, consult with a Los Angeles Wrongful Termination Lawyer to see your legal options.
Retaliation. When an employer "punishes" an employee for exercising protected activities, it could be considered an act of retaliation in California. Retaliation could result from adverse employment actions like demotions, pay cuts, harassment, etc.
Harassment. It could be unwanted behavior that's either sexual, physical, or verbal. Harassment is often linked to discrimination and adverse employment actions. With enough evidence, you can file a workplace harassment lawsuit in California.
In most cases, employees are advised to report the matter to HR or their employer before taking legal action. However, if the employer refuses or is the one inflicting sexual harassment, then get in touch with California attorneys for sexual harassment ASAP.
You must be able to identify what you're suing your employer for. If you're unsure where their actions fall, consult a Los Angeles, CA Employment Lawyer to review your case.
Unpaid Wages. Back pay, rest and meal breaks, overtime, and anything your boss owes you is considered unpaid. If your boss refuses or continues to ignore your requests of getting the payment you rightfully deserve, you can compel them to pay you through a wage and time lawsuit.
The court may also penalize them for failure to pay, wage theft, or delayed payments.
How Much Can You Get For Suing Your Employer In California?
The total damages can vary from case to case. However, awarded damages are typically determined based on the plaintiff's economic and non-economic losses.
Economic damages are financial losses such as lost wages, benefits, etc. Non-economic damages, on the other hand, are "intangible" losses like emotional suffering. To calculate the total damages, a Los Angeles Wrongful Termination Lawyer will use employee records and additional costs associated with violating the employee's rights.
The judge may grant punitive damages for particularly egregious incidents that resulted in significant harm or were particularly malicious. In short, punitive damages are a way to punish or "make an example" of an employer and stop others from doing the same thing. In contrast to the first two, punitive damages are less likely to be awarded.
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