Frequently Asked Questions

No, you do not have to file a complaint with human resources before you hire a lawyer to handle issues in your workplace. In fact, an attorney will be able to help you with any complaints that you make to your employer. With a skilled employment lawyer becoming involved early in the process, you can be sure that you say and do the right things to ensure you are treated fairly.

Yes, it is certainly possible for employees to file lawsuits against their employers when they have experienced wrongdoing in the workplace. It is not uncommon for employees to file lawsuits for discrimination, sexual harassment, wrongful termination, wage and labor disputes, and more. There are various steps that need to occur before a lawsuit is filed, including filing a claim with the EEOC or the DFEH, but an attorney can help you with this.

Retaliation in the workplace can be defined as a form of discrimination that occurs when the employer takes adverse action against an employee, applicant, or other covered individual because they have engaged in a protected activity. This could include a worker filing a complaint about unlawful activity in the workplace, sexual harassment, discrimination, disability requests, and more. Often, employer retaliation takes the form of demotion, lower pay, less desirable work assignments, and even wrongful termination.

Every wrongful termination case in California is different, though employees who prevail with these cases are often entitled to various types of monetary damages. Wrongful termination damages can include lost wages and benefits, compensation for emotional distress, compensation for loss of professional reputation, attorneys fees, and possible punitive damages against the employer for their wrongdoing. The total amount of compensation available in these cases will vary depending on the facts related to each particular situation.

Any person who feels they have been discriminated against in the workplace should call a firm that specializes in employment law to see if they have a valid claim. However, proving these cases can be difficult. First, the person who faces discrimination must be a part of a protected group due to their age, race, gender, religion, pregnancy status, sexual orientation, etc. Second, they must have been doing their job reasonably well and suffered an adverse employment decision as a result of the alleged discrimination. In these cases, the burden of proof typically shifts to the employer, who must come forward with a legitimate, nondiscriminatory reason for the adverse situation the employee experienced (i.e. termination, demotion, etc.).

Proving these cases can rely on testimony from other coworkers, emails, text messages, or other evidence that can add legitimacy to the claim. Unfortunately, it is very rare for employers to make it discrimination obvious in these cases.

If a person has been wrongfully terminated due to discrimination or harassment in California, there are two time limits that you need to be aware of, and these limits depend on whether the claim is filed at the state or federal level.

When a claim is filed under federal anti-discrimination laws, the employee generally has 180 days from the date of termination to file a lawsuit with the Equal Employment Opportunity Commission (EEOC). This begins the investigation process that could lead to a Notice-of-Right-To-Sue, which allows an employee to bring a civil action in court.

When a federal claim is filed with the Department of Fair Employment and Housing (DFEH) in California, the statute of limitations for wrongful termination cases is 300 days after the date of termination.

If the EEOC or DFEH does not resolve a claim, they will issue their notice of a right to sue. After this notice has been issued, an employee has 90 days to file a civil action in court.

There are various ways in which an employer could commit wage or hourly pay discrimination. Under the Equal Pay Act, it is illegal for an employer to pay women or men less than members of the opposite sex for the same work. This law includes salaries, wages, bonuses, benefits, Holidays, and vacations. When determining whether wage or hour discrimination is present, the law will look at the actual job duties, not job titles. This means that even if you do not have the same title as another person, if you do the same work for the same company, you should receive equal pay. Anytime a person receives lower wages than somebody else within the same company, but they are performing the same job duties, this could certainly be evidence of wage and hour discrimination.

The CDC defines elder abuse as “an intentional act or failure to act that causes or creates a risk of harm to an older adult.” Elder abuse can take many forms, including physical abuse, sexual abuse, emotional and psychological abuse, financial abuse, as well as a neglect of basic necessities. The National Council on Aging reports that approximately five million elderly people are abused each year across the United States.