FREE CONSULTATIONS:
415.925.5161
Do employment cases in California always go to court?
Most major employment cases require that a lawsuit be filed at court. But some workplace disputes may sometimes be resolved even before a lawsuit is filed. There is no guarantee the employer will take the case seriously if no lawsuit is filed.
Few employment cases that are filed at court actually go to trial however. Workers and employers often prefer to decide matters outside of court, such as by negotiation, settlement or other forms of alternative dispute resolution, because it can be faster and less stressful than a trial. After the case is filed at court, the parties engage in a lengthy “discovery” process during which they exchange documents and question witnesses outside of court. At the end of the discovery process the parties will have a good idea of the strengths and weaknesses of the case. Based on this knowledge, an experienced employment attorney can advise the client what their case is worth.
Certain California employers ask workers to sign arbitration agreements as a condition of their employment. Such agreements, which are common in the tech industry, may require disputes to be resolved in private arbitration rather than in court. While both California and federal law affect how arbitration agreements are enforced, they can have a significant impact on how a claim is decided. A trial jury is more likely to give a large award than an arbitrator. Nonetheless, many plaintiffs are able to obtain good results in arbitration if the case is strong.
Every situation is different. Whether a case ends up in court depends on the facts, the type of claim involved and any agreements that affect how disputes must be resolved. Speaking with an employment lawyer can help you understand the likely path of your case and what to expect.
Practice Areas
Schedule your free consultation today: 415.925.5161
Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
SEEN ON
