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How To Win A Lawsuit Against Your Employer For Discrimination Claims In California

Updated: Nov 3

Can I Sue My California Employer? Here Are Tips On How To File A Discrimination Lawsuit In California

California's broad worker protections have allowed filing a lawsuit against an employer should those rights and protections be violated. But, like every legal proceeding, filing a lawsuit against your employer has specific requirements to ensure it's a success.

So, let's go over the crucial steps and considerations you need to make when filing a labor lawsuit against an employer in California:

1. Determine Your Grounds For Filing A Lawsuit Against Your Employer

Remember, you can't sue an employer just because you don't personally like them. You still need to prove that your employment law rights in California were violated to get awards and compensation from the employment lawsuit.

Have you experienced an accident-related injury at work? Have you been the target of harassment at work? Regardless of the specifics of your work-related incident, if you can show that your employer violated their legal obligations to you, you may be able to file a lawsuit against them.

Grounds for a lawsuit against your employer in California may include the following:

If you're unsure whether you have a valid claim, consider consulting a California employment discrimination lawyer. An experienced Los Angeles discrimination lawyer knows their way around the law and can review your claims and suggest your best legal options.

2. Find Proof Of Your Employer's Violations

As mentioned, you need proof of employment discrimination in California to ensure the success of your claim. This could include the following:

  • Contracts

  • Employment records

  • Emails, messages, communications

  • Photos and videos

  • Witness testimonies

Remember, you have the right to request your employment documents, including your records, pay slips, etc. If you cannot get evidence for any reason, your California discrimination lawyer can do it for you.

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3. Identify Your Damages

You will collect damages awarded in a successful employment law claim as a civil claim. This could either end in a California discrimination lawsuit or an out-of-court settlement.

So, what to ask for in a California discrimination settlement? First, you and your California discrimination lawyer need to prove the following:

  • Your California employment law rights were violated

  • The employer willfully violated these rights or did nothing about it when reported to them

  • You suffered economic and non-economic damages as a result of the violations

The damages can depend on the court's decision, the California employment discrimination laws violated, and the employee's wishes. You may get compensation for lost income or emotional distress or be reinstated in your previous job.

4. Mind Your Deadlines

There is a statute of limitation to employment claims filed in California.

The most common cases under the Department of Fair Employment and Housing in California have a 3-year deadline for filing claims.

For sexual assault cases, you have 2 years.

The biggest takeaway from this is that employment law claims have deadlines. If the statute of limitation passes, you miss the chance to file claims and claim rewards in California.

To ensure you meet deadlines and get everything done on time, your California employment discrimination lawyer can manage your documents, submit them on time, and represent you in crucial settlement meetings and court dates.

5. Consult A Discrimination Lawyer In California

A lot goes into a California discrimination lawsuit. Not only do you have to deal with your employer, but you also have to ensure you meet the requirements and deadlines to ensure the success of your case.

It's best to hire a prescreened Los Angeles discrimination lawyer who can work alongside you, fight for your interest, and ensure you get the best outcome of your employment lawsuit.

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