How To Sue Your Employer in Los Angeles, CA? 2024

Taking legal action against an employer can be overwhelming, especially in a major metro area like Los Angeles, home to numerous wealthy and well-represented employers across many industries. If you’re considering taking legal action against a current or former employer for serious violations, such as unpaid wages, discrimination, or retaliation, we can let you know how to sue your employer in Los Angeles, CA.

Start by Finding the Right Attorney

If you believe you have a case against an employer who has wronged you, we strongly suggest making it your first priority to find qualified legal representation. Even cases that seem open-and-shut on the surface can quickly become complex, and your employer may have in-house legal teams dedicated to defending your interests.

Enlisting quality legal help of your own is the smartest way to proceed, offering a better chance of guiding your case to a successful outcome.

Consulting with a reputable and talented employment attorney like Miguel S. Ramirez can help you understand your rights and legal options. During this initial consultation, the team can get to know more about your case so that they can answer your initial questions and let you know what to expect going forward.

You should also use your consultation as an opportunity to make sure you understand your chosen attorney’s fee structure before formally agreeing to hire them. For example, if your case is likely to result in a substantial settlement, you might be able to find an attorney willing to work on a contingency fee basis, which means they are paid a percentage of the settlement or award you receive. In other scenarios, you may pay an hourly or flat rate for legal services.

Categorize Your Claim

While your focus should be on locating the right attorney to help you craft and deliver your winning litigation strategy, there are other factors worth considering when you embark on taking legal action against an employer. One of the most fundamental factors to consider is the type of claim you plan to pursue.

Having a basic understanding of the legal nature of your claim can help you better understand your legal footing and can also aid you in finding the correct attorney, especially if you’re dealing with a particularly niche area of employment law. The appropriate strategy or legal process could differ greatly based on whether you are facing issues of discrimination, harassment, unpaid wages, wrongful termination, whistleblower retaliation, or some other issue.

Full service employment law firms like the Law Offices of Miguel S. Ramirez have in-depth knowledge of a vast range of common and complex employment law issues, and can offer comprehensive services for many different types of claims against an employer, making our team a great resource if you’re not sure where to start.

Some cases may blur the lines between types of claims or have multiple potential paths to a successful outcome. In these types of cases, your employment attorney can help you determine a solid strategy for moving forward, given the unique details of your case, such as the available evidence and your personal goals in taking legal action.

How To Sue Your Employer in Los Angeles, CA, if You’re Injured at Work

It’s worth noting that if you’re trying to take action because you’ve been injured on the job in Los Angeles, you will probably not be suing your employer directly. In most workplace injury or illness cases, you need to file a claim through the state’s mandatory workers’ compensation system rather than suing your employer in civil court.

The workers’ comp system offers faster access to necessary benefits for workers and allows employers to avoid taking formal legal responsibility for injuries and accidents, streamlining the process for all involved. Legal help for workers’ comp issues is available, although the system is ostensibly meant to be accessible to all working Californians.

Of course, these issues are not always so cut-and-dried. If you were injured while working mandatory unpaid overtime, for example, it would still be wise to contact an employment lawyer to discuss your situation. There may be additional labor violations at play that are better addressed through a traditional claim and are beyond the scope of the workers’ comp system.

FAQs

Q: Is It Worth It to Sue Your Employer?

A: It can be worth suing your employer, depending on the nature and strength of your legal claim. If you have a legally actionable claim, relevant evidence to support it, and an effective legal strategy to tell your side of the story, suing an employer can often be worth the investment, as it may result in a settlement that is substantially larger than your investment in legal fees.

Q: Can I Sue My Employer for Not Paying Me Correctly in California?

A: Yes, you can sue your employer for not paying you correctly in California. Wage theft is one of the most prevalent and insidious forms of theft in our society and can come in many forms, from unpaid overtime to doctored pay stubs to illegally misclassifying employees as contractors. You can take legal action to fight back against these abuses that threaten your ability to make money and support your family.

Q: Where Do I File a Complaint Against an Employer in California?

A: You can file a complaint against an employer in California with the appropriate agency or court, depending on the nature of your claim. For example, the processes for notifying the DFEH and EEOC of racial discrimination, filing a workers’ compensation claim, reporting a union-busting incident to the California Labor Commissioner, and filing a formal civil case against an abusive employer all look quite different.

Working with a good employment attorney can offer clarity on the most effective way to proceed in your specific situation.

Q: Can I Take Legal Action Against My Employer for Emotional Distress in California?

A: Yes, you can sue your employer for emotional distress in California under certain circumstances. Your chances of a successful claim for emotional distress will depend on the nature and extent of the distress, your ability to provide compelling evidence, and the overall strength of your legal strategy.

The Law Offices of Miguel S. Ramirez – Effective Legal Counsel for Employment Law Issues

If you have a legal issue with your employer, we’re here to help. Miguel S. Ramirez and his team have helped many working Californians use the legal system to their advantage to hold their employers accountable for abusive or illegal behavior. Please reach out to set up a confidential consultation to get the process started.