Since you’re here, we assume you’re considering contacting employment lawyers in Chino about a potential claim. If that’s true, there are a few things you should know about our firm:
Contact our attorneys to start building your case today. Not ready to talk to one of our attorneys? No problem. We invite you to keep reading to gain a better understanding of what it means to have an employment law claim and to hire a Chino employment lawyer.
Our Combined Experience Working With Employers and Employees
We have experience working with both employers and employees. This gives us a significant advantage when we represent you on either side of employment law cases.
Working with employers gives us a keen understanding of the types of legal arguments that they make against employees and vice versa. Because of that, we’re able to structure your claim in a way that will make it the most successful.
We’re also able to anticipate any arguments which may come from the other side because we have personal experience representing the other side.Return to top ↑
The Most Common California Employment Law Claims
The most common types of employment law claims in California revolve around employers’ treatment of employees and employers’ failure to pay adequate wages.
Many employees in the state of California bring claims for wrongful termination or discrimination. In these claims, the employee is alleging the employer fired them for a reason that was not within the bounds of the law.
This can be complicated to prove, as most employment situations are at-will employment. This is why it’s critical to talk to an experienced employment lawyer as soon as you think you may have a claim.
Many employees also bring claims against their employers for failing to pay wages or overtime. Employees may also bring claims for unpaid commissions or other benefits.Return to top ↑
What is the Most Important Evidence in Employment Law Cases?
What type of evidence required in employment law cases depends on the type of claim. If there is written documentation to bolster either side’s arguments, that will always prove critical. For example, if the employer had specific written policies in place about how termination is handled, that would be key in a wrongful termination case.
Conversely, if an employee has emails, voicemails, or text evidencing the discrimination they faced, those would be very important at trial.
Circumstantial evidence might also come into play in employment cases. For example, employee plaintiffs might try to show that they were treated differently based on how other workers were treated.
The evidence needed to prove your claim is dependent on the type of claim that you bring. This is why it’s critical to get help from experienced employment lawyers in Chino.
Employment law attorneys who know how to represent both sides are best suited to help you gather evidence and structure your case.Return to top ↑
What is the Statute of Limitations for Bringing an Employment Lawsuit in California?
The statute of limitations for bringing an employment lawsuit in California depends on the type of legal claim.
If you file a claim for wrongful termination, it could be based on several different factors. There is a two-year statute of limitations for filing a claim for wrongful termination based on a violation of public policy. The two years begins to run from the date of the wrongful termination.
If you file a claim for wrongful termination based on discrimination, harassment, or retaliation, you could bring the claim under state or federal law. Employees that bring a claim under Title VII (federal law) generally have 180 days to file.
Employees that file under state law can file under the Fair Employment and Housing Act. In this case, you have one year from the date of the incident to file your complaint with the California Department of Fair Employment and Housing (the DFEH).
The DFEH can either resolve the case itself or issue a Right to Sue Notice. You then have one year from that Notice to file a lawsuit.
Employees filing a complaint with the DFEH can also request to sue immediately. If the DFEH then issues a Right to Sue Notice immediately, the employee still has one year in which to file a lawsuit.
For wrongful termination claims based on a breach of contract, the employee has four years to file their claim. The four-year clock starts to run from the date of the breach of the contract, not the date the employee was terminated. If it is an implied contract, the statute of limitations is only two years.
For wrongful termination claims based on defamation or fraud, the statutes of limitations vary. There is a one-year statute of limitations on defamation claims. Fraud claims have a three-year statute of limitations.
There’s also a three-year statute of limitations on claims that an employer failed to pay adequate wages or overtime.
If you choose to try to sue your employer for workplace conduct that caused you emotional distress, you would be subject to a two-year statute of limitations.
It’s essential to set up a meeting with experienced employment lawyers to discuss your claim. There are several exceptions that may apply to the various statutes of limitations. Even if you think you didn’t file your claim on time, an experienced employment law attorney might be able to help.Return to top ↑
How Can an Attorney Help Employment Law Plaintiffs (Employees)?
Hiring an attorney as an employee plaintiff can be critical for making sure you get what you deserve. Employment law claims can be very complicated and often hinge on precise legal arguments.
An employment lawyer that has experience in this area knows how to analyze the facts of your case and set up your claim for the best possible result.Return to top ↑
How Can an Attorney Help Employment Law Defendants (Employers)?
As an employer, having a claim filed against you can be very disconcerting. If you feel like you did everything right, you may be blindsided by your employee’s claim.
Experienced employment lawyers understand how to defend employers from baseless claims. Generally, your defense will be stronger with documentation, records, and policies. An employment law attorney in Chino can help you gather everything that is needed, as well as aggressively defend you in court.Return to top ↑
Contact Us Today
If you’re unsure where to turn for help with your employment law case, we can help. We offer consultations to help guide you to what is right for you, even if we don’t go to trial. Contact us today by calling (909) 548-3340 or by sending us a message.