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.
Other Frequently Asked Questions:
- Age Discrimination FAQ
- Class Action FAQ
- Disability and Medical Leave FAQ
- Am I entitled to leave for a serious family matter?
- Can My Employer Fire Me for Requesting Medical Leave under FMLA or CFRA?
- Do I qualify for a medical leave from work under FMLA or CFRA?
- I was recently injured and need to request an accommodation. Can my employer fire me if I make the request?
- In California, can my employer fire me because of my disability?
- Is my boss allowed to fire me while I am on leave?
- Is my employer required to accommodate my disability?
- Is there a medical exemption to vaccine work requirements?
- Is there a religious exemption to vaccine work requirements?
- My employer denied me the reasonable accommodation I requested due to “undue hardship.” What is undue hardship?
- What counts as a reasonable accommodation?
- What disabilities and conditions are protected?
- What disabilities are covered under California employment discrimination laws?
- What is a “reasonable accommodation” for disability under California employment law?
- Disability Discrimination FAQ
- Are employers allowed to ask about disabilities during job interviews?
- My employer denied my request for reasonable accommodation of my disability. What should I do?
- What is considered disability discrimination in California?
- What is the interactive process for disabled employees?
- What should I do if I have experienced disability discrimination at work?
- Discrimination & Harassment FAQ
- Are employment discrimination claims common in California?
- Are transgender workers protected under California’s employment laws?
- Can California employers ask about my criminal record?
- Can I record conversations at work to prove I experienced discrimination or harassment?
- Can my employer fire me for filing a discrimination claim?
- Can my employer fire me if I file a discrimination claim?
- What is a hostile work environment?
- What is an adverse employment action?
- What is sex stereotyping discrimination?
- What kind of proof is required for a discrimination claim?
- What should I do if my supervisor is harassing me?
- What types of compensation are available in a California employment discrimination case?
- Pregnancy Discrimination FAQ
- Sexual Harassment FAQ
- Does online harassment count as sexual harassment?
- I experienced sexual harassment outside of the workplace. Can I still file a claim?
- What are the time limits for filing a workplace sexual harassment claim?
- What is sexual harassment in California?
- What kind of evidence is required to prove sexual harassment?
- What should I do if I am experiencing sexual harassment at work?
- What types of damages can I get in a sexual harassment lawsuit?
- Why do I need a lawyer for my sexual harassment claim?
- Unpaid Wage, Overtime and Commissions FAQ
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What is an exempt and non-exempt employee?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?
- What is the process for filing a lawsuit?
- Whistleblower & Retaliation FAQ
- Wrongful Termination FAQ
- Can I sue for wrongful termination if I was forced to quit my job?
- Can my boss fire me for complaining about workplace safety?
- How can a lawyer help me with my wrongful termination claim?
- I was fired without warning. Was I wrongfully terminated?
- If I quit my job because of intolerable conditions, do I have a case?
- Is California An “At-Will” Employment State?”
- Is my employer allowed to fire me for complaining about discrimination or harassment at work?
- Is my employer allowed to fire me for no reason?
- What should I do if I have been unfairly fired?
- What types of damages can I get in a wrongful termination lawsuit?
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