Anatomy Of An Employment Law Case

If this is the first time you have been treated unfairly in the workplace, you are probably unaware of the steps you need to take to assert your rights. Not knowing your workplace rights can be costly. Many employees do not receive the outcome they deserve because they were unaware of the steps they needed to follow. Others waste their time and emotions on cases that are not worth pursuing, but a good employment lawyer can tell you what your case is really worth, especially in the specific geographic region where you were employed whether it was Los Angeles, San Bernardino County, or Oakland. Our employment law attorneys are always keeping abreast of relevant developments in the labor market. On a regular basis, firm head, Karl Gerber examines the unemployment rates for each county in California, for each demographic of worker, and shares that information with the employment lawyers who work for him. Labor market conditions may influence an employee’s ability to find a job after being wrongfully terminated, and explain their past and future lost wages.

Call the Employment Lawyers Group to discuss your employment law case and learn your options. In Southern California, we have offices in Sherman Oaks, Los Angeles, Gardena, Tustin, San Diego, and Oxnard. We handle cases in all parts of California.

Do You Have An Employment Case?

Just because your employer treated you unfairly does not mean you have an employment law case. Not all unfair employer actions are illegal. Only an experienced labor attorney can advise you whether you should proceed with your case or move on with your life.

Filing A Complaint Against Your Employer

If you have a case, the next step is determining where to file your complaint. For example, an employment discrimination complaint in California could be filed with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). In many cases, the DFEH provides greater protection to employees. An unpaid wages claim can be filed with the California Department of Industrial Relations, but we do not recommend that. Make sure you pursue all remedies. You cannot always pursue all legal theories with an administrative agency. Merely filing charges with an administrative agency does not protect your statute of limitations. Our employee labor lawyers will correctly fill out all administrative paperwork required to accompany your Superior Court lawsuit. We will check the right boxes, articulate the right legal theories, and not leave holes your former employer can use as defenses against you.

Complaints must be filed in a timely manner. Different statutes of limitation apply in different situations. Determining which statute of limitations applies to your case is complex, is best left for consultation with an experienced employment attorney.

Obtaining A Right-to-Sue Letter

There are generally two ways to resolve an employment complaint:

• Obtain a right-to-sue letter from the agency and hire an attorney to handle your case in civil court.
• Proceed with the agency's administrative process. The agency will investigate your claim. If it finds a violation of the law, it will proceed to conciliation. If conciliation is not successful, the next step is litigation, which the DFEH and EEOC rarely do.

If you hire an attorney, you can usually obtain a right-to-sue letter in about one day to one month. If you proceed with the administrative process, your case may take several years just to reach a non-resolution in the administrative agency.

Learn more: Do I need an attorney to handle my employment law case? Contact Our California Employment Law Firm

To speak to a Los Angeles trained employment lawyer, call 877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.