What is the process for filing a lawsuit?

The exact steps for filing an employment lawsuit in California vary depending on the type of case. When the McCormack Law Firm takes on a new client, we will discuss this process with you each step of the way. Typically, we will first talk to you to understand your story, and we may request you provide us with any documents you have that are important to your case. Depending on the situation, we may first draft a letter to the employer setting forth your legal arguments in the hope of reaching a quick settlement. However if your employer is not willing to give you fair compensation for your claims we are ready to go all the way to trial if necessary. Our experienced employment attorneys can help you through the entire legal process.

Before bringing an employment discrimination lawsuit against your employer, you must first go through the Department of Fair Employment and Housing (DFEH) complaint process. Only after you receive a DFEH right to sue notice, you can proceed with filing a lawsuit. We can take care of these, or any other necessary steps for you.

During the discovery stage of the lawsuit process, we will obtain documents and other relevant evidence from your employer, and compel the relevant witnesses, whether it is your supervisor, HR manager or other coworkers to sit for deposition at which they will answer questions about your claim. It is likely that you will have to answer questions as well, although we will make sure you’re fully prepared and will be right there with you. We will handle the vast majority of the work on your case, but your availability and participation are very important as well.

Most employment cases ultimately settle out-of-court before they come to trial. Mediation is the most common forum for settlement and we have successfully done hundreds of them. No settlement can be agreed upon until you are fully satisfied wit the offer. And if the claim cannot be resolved with a fair settlement, we are experienced in going to trial as well. During the trial, the court will hear arguments and evidence from both sides before delivering a verdict. If the judge or jury rules in your favor, they will determine the damages that should be awarded.

We understand the legal process can seem complicated and overwhelming. But we have helped thousands of employees through it one step at a time.

There are also important time limits in place for filing a lawsuit. The dedicated San Francisco employment lawyers at McCormack Law Firm are here to answer your questions and provide guidance every step of the way. We can help you with everything from filing a complaint to negotiating a settlement.

While the above provides a general overview of the lawsuit process, at McCormack Law Firm we recognize that each case is unique and treat it as such. Contact us today to learn more.

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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.

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