If you’re an employee who has been wronged by your employer, you may be considering filing an employment law claim in California. However, it’s important to proceed with caution and avoid some common mistakes that could hurt your case. In this post, we’ll discuss the top five mistakes to avoid when filing an employment law claim in California.
- Waiting too long to take action
In California, most employment law claims have a strict deadline for filing. For example, claims related to discrimination or harassment must be filed within 3 years of the last discriminatory act. Claims related to wage and hour violations also have a deadline, but it’s still important to act promptly. Waiting too long to take action could result in your claim being dismissed, or the time you have to proceed with your claims (called the “Statute of Limitations”) to lapse, and therefore it is very important to consult with an attorney as soon as possible.
- Failing to document everything
When filing an employment law claim, it’s essential to have evidence to support your case. This includes documentation of any incidents, emails, memos, or other evidence that supports your claim. Make sure to document everything, including dates, times, and names of witnesses. It’s also important to keep any communications with your employer related to the incident or issue.
- Failing to exhaust administrative remedies
In California, many employment law claims require you to exhaust administrative remedies before filing a lawsuit. This means that you must file a complaint with a government agency, such as the DFEH or the Equal Employment Opportunity Commission (EEOC), before you can file a lawsuit. Failing to exhaust administrative remedies can result in your claim being dismissed.
- Failing to understand your damages
When filing an employment law claim, it’s important to understand the damages that you may be entitled to. These can include lost wages, emotional distress, punitive damages, and attorney’s fees. It’s important to work with an attorney to understand the potential damages in your case, as well as the likelihood of success.
- Failing to hire an experienced employment law attorney
Finally, one of the biggest mistakes that employees make when filing an employment law claim is failing to hire an experienced employment law attorney. Employment law is a complex area of law, and it’s essential to work with an attorney who has experience in this area. An experienced attorney can help you understand your rights, gather evidence, navigate the administrative process, and negotiate a settlement or represent you in court.
In conclusion, filing an employment law claim in California can be a complex and challenging process. However, by avoiding these five common mistakes, you can improve your chances of success. If you believe you have been wronged by your employer, it’s important to consult with an experienced employment law attorney as soon as possible. If you would like to speak with a legal team that exclusively practices in this area of law, give us a call at 855-IM-FIRED for a free case evaluation. Our attorneys have substantial experience with these types of cases representing older individuals who have been discriminated against in the past or who are currently experiencing age discrimination There are no up-front costs and you do not pay any attorneys’ fees unless we get a recovery in the case. Contact our Los Angeles California employment attorneys and lawyers now for all of your employee rights’ needs!