Updated: Dec 22, 2022
The Many Steps Involved In California Employment Law Claims
California has comprehensive labor laws that offer one of the broadest worker protections in the US. If your employer violates your rights, you can file claims and get compensation for your damages.
You could collect compensation for your losses if you've been a victim of illegal discrimination, unpaid wages, wrongful termination, or retaliation.
So, what should you expect when filing a lawsuit against your employer? What do you need to do to ensure a successful employment law claim? First, let's look at the brief summary of what goes into suing your employer, as experienced by a California employment lawyer:
Grounds For Lawsuit Against Employers In California
It's crucial to remember that California employees enjoy broader anti-discrimination rights, giving them more opportunities to sue and hold their employer (or ex-employer) accountable.
Here's a list of things your boss can't legally do in California:
If your boss takes illegal action or violates your employment rights, you can file an appropriate employment claim in California.
That said, you can't file claims without proof. Contact a California employment lawyer to help you build a solid case to ensure a successful claim.
How To File A Lawsuit Against An Employer?
The first thing you should do if you're thinking of suing your company is to start documenting everything.
Note down any pertinent details you can recall about the circumstance.
As much as you can, fill in dates or rough estimates of dates.
Make a note of any names of persons who may have seen instances of sexual harassment or discrimination.
Additionally, make a list of anybody with whom you may have spoken about the situation, whether in informal conversations or formal complaints.
Before proceeding with some cases, you should first submit a complaint or report to the Equal Employment Opportunity Commission (EEOC). EEOC is in charge of upholding anti-discrimination laws. You can file claims due to discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, or retaliation.
That said, California has a more comprehensive list of anti-discrimination laws, including veteran/military status, sexual and domestic abuse victims, etc. If your discrimination claim falls under any of the categories that the EEOC doesn't handle, you can submit a complaint to California Fair Employment and Housing Act (FEHA).
That said, it's best to retain a California employment lawyer to help you approach the process correctly. Your employment lawyer in California can help you gather evidence, file the proper paperwork, approach the right agencies, and represent you in negotiations and court.
Can I Sue My Employer For Emotional Distress?
As with most civil claims, you can sue for both economic and non-economic losses. For example, economic losses might include lost income, back pay, medical bills, etc. On the other hand, non-economic losses focus on "intangible" damages, such as emotional distress, shame, pain and suffering, and so on.
Not that non-economic damages tend to be more challenging to prove. After all, there are no receipts and records of emotional or intangible losses.
You are often advised to keep notes or a journal about what you're experiencing at work. This is a great way to show how you've felt at the time and show the gravity of the emotional distress you're going through.
However, it's always better to consult a California employment lawyer. An attorney knows how to build a solid case, which is vital to show you deserve the compensation you're compelling your boss to pay you.
Find The Best Employment Lawyer In California
1000Attorneys is a lawyer referral service certified by the California State Bar. We ensure clients find the right employment lawyer in California who is best fit to handle their unique claim.