6 Things to Consider Before Suing Your Employer in California
Facing workplace discrimination or wrongful termination can be scary as the power dynamics at play often leave employees feeling vulnerable and isolated, unsure of where to turn for support. The fear of retaliation, losing one’s job, or damaging professional relationships can create a heavy burden.
This is especially true in cases involving sexual harassment, where the emotional stakes are high.
While it may seem intimidating, we encourage you to voice your concerns and seek justice, knowing that you don’t have to face this challenge alone. Our dedicated team is here to provide the support and legal expertise you need to stand up for yourself and your rights.
Together, we can help you reclaim your peace of mind and ensure that your voice is heard.
At Betts Law Group, our California employment law attorneys understand the complexities of employment law. With years of experience fighting for employee rights, we can help you assess your situation and determine the best path forward.
Before taking legal action, it’s important to carefully consider your options and potential outcomes.
Here are six key factors to think about when wanting to sue your employer in California
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Exploring All Other Options
While sometimes necessary, litigation can be time-consuming. Before taking legal action, consider if there are other avenues for resolving the issue, including:
- Talking to your supervisor
- Filing a complaint with human resources
- Contacting a relevant government agency
An experienced employment lawyer can advise you on the most effective ways to address your concerns and advocate on your behalf during internal discussions or agency proceedings.
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The Strength of Your Employment Case
To have a viable claim, you must demonstrate that your employer violated the law. This could include:
- Discrimination based on protected characteristics like race, gender, age, religion, or disability.
- Harassment, including sexual harassment, creating a hostile work environment, or retaliation.
- Wrongful termination, such as being fired for an illegal reason or in violation of an employment contract.
- Wage and hour violations, like unpaid overtime, missed meal breaks, or illegal deductions from your paycheck.
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Evidence To Support Your Claim
To succeed, you’ll need solid evidence to support your claims. It’s important to gather as much documentation as you can to help your case. Some of the types of evidence that can be helpful for your case include:
- Documentation: Emails, letters, performance reviews, pay stubs, and employment contracts.
- Witnesses: Co-workers, supervisors, or other individuals who can corroborate your account.
- Expert testimony: In some cases, you may need expert witnesses to provide specialized knowledge or opinions.
A California employment attorney can help you gather and preserve evidence as well as identify witnesses to help you build a strong case.
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Can you afford the costs?
While litigation may be the right choice for your case, it can involve a lot of costs including court filing fees, attorney fees, expert witness fees, and other expenses. Consider whether you have the financial resources to pursue a lawsuit, and if your attorney offers contingency fees (meaning you only pay if you win your case). Oftentimes, the upfront expenses are worth it once you are able to share your story and obtain justice.
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Did you miss the deadline to file?
If you intend to file a lawsuit, you will need to stay on top of deadlines to ensure you are within the allowed time frame. In California, the timeline for filing a workplace discrimination case generally involves a few key steps.
- Filing a Complaint with CRD: Before you can file a lawsuit, you must first file a complaint with the California Civil Rights Department (CRD).
- Right to Sue Notice: Once the CRD processes your complaint, they may issue a “Right to Sue” notice, which allows you to take legal action.
- Filing a Lawsuit: After receiving the Right to Sue notice, you have one year to file a lawsuit in California.
That’s where an experienced California employment lawyer can help. The attorneys at Betts Law Group will help make sure you meet all the filing deadlines and will help streamline the process for you.
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What are your goals?
What do you hope to achieve by suing your employer?
- Financial compensation?
- Reinstatement to your job?
- Policy changes at your workplace?
- A sense of justice?
Clearly defining your goals can help you determine if a lawsuit is the best way to achieve them.
The California workplace discrimination team at Betts Law Group can help you understand your legal options, assess the likelihood of achieving your goals, and negotiate with your employer to reach a favorable settlement.
Contact Our Betts Law Group San Diego Lawyers Today
If you’re facing workplace discrimination or wrongful termination in San Diego, the experienced attorneys at Betts Law Group can help you understand your rights and options. Contact us today for a confidential consultation. We can help you assess your situation, help you gather evidence, and determine the best plan of action to protect your interests.
