If you believe your employer violated your rights, you may be wondering what comes next and what actions you can take. Understanding the process can help you protect your interests and take informed action before important deadlines pass.
Determine Whether You May Have a Viable Claim
California employees are protected by laws that prohibit workplace discrimination, harassment, retaliation, wrongful termination, and other unlawful conduct. However, not every workplace problem creates a valid legal claim.
Many employees contact an attorney after experiencing unfair treatment at work. While unfair treatment can be frustrating and upsetting, not every workplace dispute is illegal.
Our firm generally focuses on matters involving:
- Harassment or hostile work environments, including sexual or racial harassment
- Discrimination in pay, promotions, discipline, or other employment decisions
- Retaliation for reporting misconduct or exercising workplace rights
- Failure to accommodate a disability or medical condition
- Constructive discharge situations where working conditions become intolerable
- Wrongful termination connected to unlawful conduct
Issues involving personality conflicts, difficult supervisors, workplace favoritism, poor management decisions, or ordinary performance disputes may not support a valid legal claim, even if the situation feels unfair, stressful, or frustrating. Part of our role is helping you understand the difference between conduct that is unlawful and conduct that is simply unpleasant.
Gather Information and Preserve Evidence
Strong employment cases are often supported by documentation. If you believe your rights have been violated, it is important to preserve relevant information whenever possible.
Helpful evidence may include:
- Emails, text messages, and written communications
- Performance reviews and disciplinary records
- Employee handbooks and company policies
- Witness information
- Medical documentation related to accommodations or leave requests
- Pay records and timekeeping documents
- Notes describing incidents, dates, and individuals involved
Many employees worry that they do not have enough evidence. In reality, valuable evidence is often obtained during the legal process. Our team works closely with clients to identify, collect, and preserve information that may help support their claims.
File an Administrative Complaint
In most employment law cases, you cannot immediately file a lawsuit in court. Before litigation, you may need to file a complaint with a government agency and obtain a Right-to-Sue Notice.
Depending on the circumstances, this may involve filing with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies review allegations involving discrimination, harassment, retaliation, and related employment law violations.
Filing deadlines can be strict, which is why speaking with an employment attorney as early as possible is important. Missing a deadline could affect your ability to pursue a claim.
Evaluate Settlement Opportunities
Many employment disputes are resolved before reaching trial. During the administrative process or after a lawsuit is filed, there may be opportunities for mediation, negotiation, or settlement discussions.
Settlement can provide a resolution without the time and expense associated with trial. However, every case is different, and employees should understand the strengths and weaknesses of their claims before making important decisions. Our attorneys provide candid guidance throughout the process so you can make informed choices about your case.
File a Lawsuit When Necessary
If settlement efforts are unsuccessful or the circumstances warrant litigation, filing a lawsuit may be the next step.
At Employment Rights Lawyers, APC, we are prepared to aggressively pursue employee rights claims in court when necessary. Our attorneys understand that employers and insurance carriers often evaluate cases differently when they know a law firm is willing and able to litigate. We build every case with the expectation that it may ultimately need to be presented before a judge or jury.
Importantly, we represent employees on a contingency-fee basis. That means there are no upfront attorney fees, and you pay nothing out of pocket unless there is a recovery.
Contact Us for a Free
(And Confidential) Consultation
If you believe your employer violated your rights, do not wait to learn about your options. Our attorneys at Employment Rights Lawyers, APC, can review your situation, explain whether you may have a viable claim, and help you understand the next steps. Contact us today for a free and confidential case review.
