Suing your employer in California usually starts with identifying the workplace violation and gathering evidence that supports your claim. You also must meet any required deadlines and take the proper legal steps before filing a lawsuit.
A Los Angeles employment lawyer from our firm can help determine whether you have a valid claim. We will also protect your rights and pursue compensation and other remedies available under California law.
Workplace disputes can be stressful. Many employees know that something is wrong but are not sure whether their employer’s actions broke the law. A legal review with an attorney from our team can help you understand your options and avoid mistakes that could affect your case.
How an Employment Attorney Can Help You Take Legal Action
Many California employees are unsure whether they have a claim. They know they have been denied overtime pay, forced to work through break meals, retaliated against for speaking up, or treated unfairly at work.
Our employment lawyer will review the facts of your situation and explain whether California law provides a remedy. We can help by:
- Reviewing employment records and pay stubs
- Determining whether labor laws were violated
- Calculating unpaid wages or other losses
- Gathering evidence to support a claim
- Communicating with employers and their attorneys
- Filing complaints with government agencies when required
- Negotiating settlements
- Filing a lawsuit when necessary
This matters because employers often have legal teams and human resources departments protecting their interests. Employees deserve someone who will protect their interests, too.
For a free legal consultation, call 213-232-3128
What are Common Reasons Employees Sue Their Employers?
Some of the most common lawsuits filed against employers involve violations of California labor laws and workplace rights.
We handle cases involving:
- Unpaid overtime
- Missed meal breaks or rest breaks
- Work done off the clock
- Minimum wage violations
- Employee misclassification
- Retaliation
- Wrongful termination
- Workplace discrimination
Harassment - Failure to reimburse business expenses
- Wage theft
Many workers first contact an attorney because they notice problems with their paychecks or work schedules. What begins as one employee’s complaint may reveal a larger problem affecting many workers. Sometimes, this prompts one person to get legal help.
Various State and Federal Laws Protect Employees in California
California has some of the strongest worker protections in the country. Several laws may apply when someone is seeking to sue their employer. They include the following:
- California Labor Code
- California Fair Employment and Housing Act (FEHA) (Gov. Code § 12940)
- California Private Attorneys General Act (Labor Code § 2698 et seq.)
- California Equal Pay Act (Labor Code § 1197.5)
- Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.)
These laws provide protections involving wages, discrimination, harassment, retaliation, workplace safety, and other employment issues.
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How Do You Know Whether Your Employer Broke the Law?
Not every workplace dispute leads to a lawsuit. Still, certain warning signs indicate a legal violation.
You may want to speak to an attorney if any of the following apply to your situation:
- You regularly work without being paid for all hours worked.
- You are denied legally required breaks.
- Your employer refuses to pay overtime for hours worked past a certain time.
- You were fired after reporting misconduct on the job or exercising your rights.
- You experienced discrimination because of a protected characteristic.
- You were subjected to harassment in the workplace.
Your attorney will advise whether the facts of your situation support a legal claim.
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What Evidence Can Help Support a Claim?
Evidence that can help show what happened includes pay stubs, time records, work schedules, employee handbooks, and written policies that the company follows. Emails, text messages, performance reviews, witness statements, and personal records can also be reviewed.
Employees should generally keep copies of documents that relate to their concerns whenever legally permitted.
Do You Have to File a Government Complaint Before Suing?
Whether you have to file a government complaint depends on the type of claim your case involves. For example, many discrimination and harassment claims require employees to first file a complaint with California’s Civil Rights Department before filing a lawsuit.
Wage and hour claims may involve filing with the California Labor Commissioner’s Office or pursuing a civil lawsuit, depending on the circumstances. A lawyer from our employment law firm can determine whether any administrative steps must be completed before we file a lawsuit on your behalf.
What is PAGA, and Why is It Important?
The California Private Attorneys General Act (PAGA) allows employees to pursue penalties for certain Labor Code violations on behalf of themselves and other affected workers. See Labor Code § 2699.
PAGA cases often begin when one employee recognizes that workplace rules are being violated. In some cases, this may involve missed rest periods, unpaid overtime, or inaccurate wage statements.
These cases can sometimes involve large groups of employees who experienced the same unlawful practices.
Can One Employee Start a Larger Case?
Many major employment cases begin with a single worker who realizes something is wrong. For example, an employee may notice that overtime is not being paid correctly. After investigating, attorneys may discover that employees may have been affected by the same practice.
Depending on the facts, a case may grow into a class action, a representative PAGA action, or a broader wage and hour claim involving multiple workers. Employees usually do not contact a lawyer with class actions in mind. They simply want help with their own workplace problem.
What Damages May Be Available?
The money and other losses you may be able to recover depend on the type of lawsuit and the facts of your case. Depending on the situation, a claim may involve:
- Unpaid wages
- Unpaid overtime
- Meal break premiums
- Rest break premiums
- Interest
- Penalties
- Reinstatement
- Front pay
- Back pay
- Emotional distress damages
- Attorney’s fees and litigation costs
Every case is different. The amount available depends on the evidence, the legal claims involved, and the extent of the harm suffered.
How Long Do You Have to Sue an Employer in California?
The time you have to file a lawsuit depends on the type of workplace violation involved. California law sets different deadlines for different employment lawsuits. In some situations, you may also need to complete certain administrative steps before filing a lawsuit.
Missing a deadline may limit your ability to pursue legal action. Speaking with an employment lawyer early can help you determine which deadlines apply to your situation.
What Should You Do Before Taking Legal Action Against Your Employer?
As you consider whether to sue your employer in California, taking a few practical steps early can help protect your rights. Consider the following:
- Save your pay records.
- Keep copies of important communications with your employer.
- Write down dates and events.
- Preserve witness information, such as written statements
- Avoid deleting relevant documents
- Speak with an employment attorney as soon as possible.
Speak With Moon Law Group to Learn More About How to Sue Your Employer
Understanding how to sue your employer in California is a first step toward protecting your rights. If you believe your employer violated state labor laws, getting legal guidance early can help you understand your options.
Moon Law Group has focused exclusively on employment law since 2007 and handles hundreds of employment matters every year. Our team includes more than 40 attorneys with decades of combined legal experience handling complex wage and hour disputes, PAGA claims, class actions, retaliation cases, and other employment matters throughout California.
Our team will review your workplace concerns, explain the laws that may apply, and help you pursue appropriate legal action. Contact us today for a free case review to discuss your situation.
Call or text 213-232-3128 or complete a Free Case Evaluation form