What Kind of Lawyer Do I Need to Sue an Employer in California?
If you’re considering legal action against your employer in California, you need an employment lawyer who specializes in workplace litigation. Employment attorneys have the specific expertise to handle complex employment law cases and understand the nuances of California labor laws that protect workers’ rights.
Facing issues at work can be emotionally draining and financially devastating. Without our proper legal representation, you risk losing your case, being unable to collect damages you’re entitled to, or even facing counteractions from your employer.
The consequences of not taking appropriate legal steps can affect your career and livelihood for years.
Our attorneys have secured significant results in employment law cases, including:
- $7 million settlement in a civil rights employment case in Los Angeles
- $1.4 million settlement in a wrongful termination case in Los Angeles
These results demonstrate our commitment to holding employers accountable for violations of workplace rights and securing justice for our clients
Our California employment attorney free consultation provides the guidance you need to understand your rights and options.
Hiring a lawyer to sue the employer: What kind of lawyer do you need?
📌 To sue your employer in California, you need a specialized California employment attorney, like our lawyers at Feher Law, who have extensive experience protecting employee rights and handling complex workplace litigation. General practice attorneys often lack the in-depth knowledge needed to handle the nuances of employment disputes.
Employment lawyers routinely handle claims involving:
- Discrimination based on race, gender, disability, and other protected characteristics
- Sexual harassment and hostile work environment cases
- Wage theft, unpaid overtime, and misclassification issues
- Wrongful termination and constructive discharge claims
- Employer retaliation for protected activities like whistleblowing
💡These cases often involve violations of both California’s Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act.
Lawyers to sue employers: what to look for when hiring one
When searching for legal representation to sue your employer, several key factors can determine the success of your case.
- Experience in employment litigation. Look for attorneys who focus primarily on employment law rather than general practice lawyers. Their specialized knowledge is vital.
- Proven track record. Seek lawyers with documented successes in cases similar to yours. Review their settlement amounts and trial victories.
- Accessibility and communication. Your attorney should be responsive and explain complex legal concepts in understandable terms. Regular updates are essential.
- Contingency fee option. Many employment lawyers work on a “no win, no fee” basis, allowing you to pursue legal action without upfront costs.
Choosing a lawyer who regularly battles employers — and wins — can drastically improve your chances of receiving fair compensation in employment disputes.
✔️ At Feher Law, our team offers all these advantages and more.
- Our attorneys have successfully represented employees across California in complex employment litigation.
- We understand the emotional and financial pressure workplace disputes create, and we provide personalized attention to every client’s case.
- Our experienced employment lawyers maintain open communication throughout the legal process and offer contingency fee arrangements for qualifying cases.
Beyond credentials, it’s important to understand that employers are more likely to offer fair settlements when they know your attorney is prepared to take your case to trial. Many employment attorneys rarely see the inside of a courtroom, which can limit their effectiveness in negotiations.
Our litigation experience demonstrates to opposing counsel that we’re prepared to present evidence before a judge or jury if necessary.
Learn more about how our Huntington Beach employment lawyer will help you protect your workplace rights.
Suing your employer: When and why you should consider it
You may have grounds for a lawsuit if your employer violated the law or your employment contract. Legal action becomes appropriate when internal resolution attempts have failed.
- Wrongful Termination: Being fired for discriminatory reasons, in retaliation for whistleblowing, or for taking legally protected leave.
- Harassment or Discrimination: Treatment based on protected characteristics like age, disability, gender, religion, or race violates both California FEHA and federal laws.
- Wage Violations: Not receiving proper overtime pay, minimum wage, or being denied meal and rest breaks.
- Retaliation: Facing negative consequences after reporting workplace misconduct or participating in an investigation.
- Hostile Work Environment: Enduring severe or pervasive offensive conduct that interferes with your ability to perform your job duties.
Many workers consider is it worth suing your employer, and don’t realize that even subtle retaliation or underpayment could form the basis of a strong lawsuit under California labor laws.
💡 Hypothetical scenario: After reporting racial harassment at work, an employee was demoted and given poor performance reviews, damaging his professional reputation. Without pursuing legal action, he struggled to find comparable work in his industry, resulting in long-term career setbacks and significant lost earnings. By suing, he could have protected his record, secured compensation, and sent a clear message that employer retaliation would not be tolerated.
I want to sue my employer: what steps should I take first?
Before initiating employment litigation, it’s important to take the right steps to strengthen your potential case:
- Document everything yourself: Keep detailed records of incidents, including dates, times, people involved, and any witnesses. Save emails, text messages, and performance reviews.
- File internal complaints, if safe: Report the issue through proper company channels like HR or a supervisor. This creates an official record and shows that you attempted resolution internally.
- Contact our qualified employment lawyer early: Schedule a free consultation with our team before making major moves. Early legal guidance is critical to protect your rights and build a strong case.
- Preserve important timelines: Strict deadlines apply to employment claims in California. Our lawyers help ensure you meet all legal time limits so you don’t lose your right to sue.
- File required administrative complaints with legal support: Before suing for discrimination, harassment, or retaliation, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department. We guide you through this mandatory step to protect your claim.
💡 The California Labor Commissioner’s Office also offers resources for employees dealing with wage theft and labor violations — a good starting point for knowing your basic rights regarding pay disputes.
Learn more about how our Huntington Beach employment lawyer will help you protect your workplace rights.
Common reasons employees sue their employers in California
California workers pursue legal action against employers for various violations of state and federal laws.
- Discrimination: California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on protected characteristics such as race, gender, age, disability, or religion. These protections exceed federal standards.
- Retaliation: Employers may not punish employees for reporting unlawful activities, filing workers’ compensation claims, or exercising legal rights. Retaliation claims often involve demotions or disciplinary actions.
- Wrongful termination: While California is an at-will employment state, employers cannot fire workers for illegal reasons or in violation of public policy. Termination cannot contradict anti-discrimination laws.
- Wage violations: California has strict rules regarding minimum wage, overtime hours, meal and rest breaks, and pay stubs. Employers must follow these regulations regardless of company size.
- Family and medical leave violations: Denying legally protected leave or retaliating against employees who take such leave can lead to lawsuits under both state and federal protections.
⚖️ Knowing which laws your employer violated is vital, and if you’re asking how much can I sue for emotional distress, our team at Feher Law is here to help you build the strongest case possible and fight for the full compensation you deserve.
Types of Employment Lawsuits in California
| Type of Claim | Common Violations | Filing Deadline | Potential Damages |
|---|---|---|---|
| Discrimination | Unequal treatment based on protected characteristics | 3 years (FEHA) | Lost wages, emotional distress, and punitive damages |
| Wage Theft | Unpaid overtime, minimum wage violations | 3 years (4 years for breach of contract) | Unpaid wages, penalties, interest |
| Wrongful Termination | Firing for illegal reasons | 2-3 years, depending on claim type | Back pay, front pay, and emotional distress |
| Harassment | Creating a hostile work environment | 3 years (FEHA) | Emotional distress, punitive damages |
| Retaliation | Adverse actions for protected activities | Varies by underlying claim | Lost wages, reinstatement, and emotional distress |
Timeline: How long does it take to sue your employer in California?
Employment lawsuits typically follow a timeline ranging from several months to several years, depending on the nature of your claim and case complexity.
- Administrative complaint filing: 1-3 months. For discrimination claims, you must first file with EEOC or DFEH before pursuing a lawsuit. They’ll issue a “right to sue” notice.
- Investigation phase: 2-6 months. Government agencies may investigate your claim or immediately issue your right to sue. This varies based on agency workload.
- Pre-litigation negotiations: 1-3 months. Many cases settle during this phase through demand letters and settlement discussions before a formal lawsuit begins.
- Litigation process: 12-24 months. If your case proceeds to court, discovery, motions, and trial preparation take considerable time. Complex cases may take longer.
- Trial and potential appeal: 1-3 years. Few cases reach trial, but those that do face additional time for hearings, trial dates, and possible appeals.
💡Some cases settle quickly, but complex claims against large employers can take longer — patience pays off as thorough preparation often leads to better outcomes.
Need a lawyer for suing an employer? Why Feher Law is the right choice
When you’re facing workplace injustice, having the right legal team makes all the difference. At Feher Law, we specialize in helping employees stand up to employers who violate California labor laws. Our dedicated employment attorneys combine deep legal knowledge with genuine concern for your well-being.
We handle every aspect of your case, from filing administrative complaints to representing you in court if necessary. Our attorneys thoroughly investigate your situation, gather solid evidence, identify which employment laws apply, and build the strongest possible case.
✔️We’re known for aggressive negotiation techniques that frequently result in favorable settlements without lengthy litigation.
Our firm works on contingency for qualifying cases, meaning you pay no upfront fees. We only get paid when you receive compensation. This arrangement allows you to pursue justice regardless of your current financial situation.
💡Hypothetical Scenario: A marketing professional was terminated after reporting sexual harassment by her supervisor. Despite excellent performance reviews, she was suddenly given negative evaluations and eventually fired. After documenting the pattern of retaliation and consulting with an employment attorney, she filed a complaint with the California Civil Rights Department. The case eventually settled for substantial compensation, including lost wages and emotional distress damages, without going to trial.
Our lawyers have helped employees across California stand up against unlawful treatment and win significant compensation for their damages.
Contact us online or call 866-646-6676 for a free consultation. Our employment lawyers are ready to help you protect your rights and pursue the full compensation you deserve.
FAQs
How do I know if I have a strong case against my employer?
Your case’s strength depends on several factors: clear evidence of unlawful behavior, documentation of incidents, witness testimony, and whether your employer violated specific laws. During your free case evaluation, our employment attorneys will assess these elements and help you understand your options.
Generally, the strongest cases involve clear misconduct, significant damages, and solid evidence connecting the two.
What evidence do I need to sue my employer successfully?
The best evidence includes written documentation like emails, text messages, performance reviews, pay stubs, and company policies. Keep a detailed journal of incidents with dates, times, and witnesses. Medical records can support claims of stress or physical harm.
Witness statements from colleagues who observed the misconduct are particularly valuable. We can help you gather and organize this evidence effectively.
Can I sue my employer if I quit instead of being fired?
Yes, you can still sue your employer even if you resigned, especially in cases of “constructive discharge.” This occurs when working conditions become so intolerable that a reasonable person would feel forced to quit.
Examples include severe harassment, significant pay reductions, or dramatic changes in job duties. California courts recognize that employers shouldn’t be able to escape liability by making the workplace so unbearable that employees resign.
What if my employer tries to retaliate after I file a claim?
Retaliation after filing a discrimination claim with the EEOC or DFEH, or after initiating legal action, is illegal under both state and federal law. If you experience negative actions like demotion, reduced hours, or termination after filing your claim, document these incidents immediately.
This retaliation can form the basis of an additional claim, potentially increasing your compensation. Our attorneys can help you respond appropriately to protect your rights.
How can Feher Law help me through the lawsuit process?
Our experienced employment lawyers will support you at every stage of your case. We’ll help you understand your rights, explore your legal options, file necessary paperwork with agencies like the California Civil Rights Department, gather compelling evidence, negotiate with your employer, and represent you in court if needed.
We provide both legal expertise and emotional support during what’s often a stressful time. We typically have 3 years to file most employment claims, but the sooner you contact us, the better we can preserve evidence and build your case.
