Do I Have a Case?

We often get the question - do I have a case against my employer? Like most legal matters - it depends. There are various factors that determine whether a lawsuit is necessary when your rights are violated at work.

Is there a violation of the law?

Many people think that just because they were not treated "fairly" by their employer that they have a lawsuit. However, the term "fairly" is very subjective and can mean anything. The law defines unlawful employment practices specifically and generally is not based on"fairness" alone.  That is why an experienced attorney is generally required to determine whether a case should be brought. 

The law is primarily established by statues and those statutes are applied to specific situations and interpreted by our Appellate Court and ultimately at times by the Supreme Court of California. One of the main statutes in California is the Fair Employment and Housing Act ("FEHA") and most employment harassment, discrimination and retaliation matters are based on the FEHA.  

Is there another alternative?

Often times problems at work have various ways to resolve your problems. Let matters work through the internal processes that have been established by your employer. If your complaints have not been addressed then it is time to contact an attorney (See our post Do I Need an Attorney?). But you may find that your issue may be resolved just by getting it in front of the right person who can make a difference, and don't always assume the employer is out to get you. Employees are the most important asset of any successful business.

Is there sufficient evidence?

Often attorneys can't take action when there is no evidence to support the unlawful conduct. That doesn't mean your testimony is not valid evidence just because others refute what you are saying. It is evidence. Although, you may be outnumbered and the weight of the evidence is against you. In many employment matters, like sexual harassment, it can become a "he said/she said" situation. However, often the requisite evidence can be developed, particularly when you know that your understanding of the matter is true.

At the end of the day, make sure to contact an attorney and don't think you can or must deal with it alone. Find wise counsel and all will come right.

Call Us (818) 591-1755 - We will provide a free consultation regarding your matter.