Running into disagreements with your boss is normal in a working environment. However, sometimes, workplace conflicts can go beyond simple disagreement. When you feel disrespected, cheated, or victimized at work, it’s natural to wonder, Can I sue my employer for this mistreatment?
This blog post will cover what employees need to know about filing an employment lawsuit in California. We’ll give an overview of your rights as an employee and common situations when employers violate them. We’ll also outline the steps in filing a civil lawsuit in the state.
When Can I Sue My Employer in California?
Many different situations give employees grounds for a lawsuit against an employer. Put simply, you have the right to sue your employer when they:
- Violate your rights under California employment law,
- Violate your rights under federal employment law, or
- Take an illegal action against you.
It doesn’t matter whether their wrongdoing was unintentional or due to ignorance of the law. All employers must understand and stay within the bounds of state and federal employment laws. As an employee, you still have the right to hold them legally accountable for any harm you suffered.
Let’s walk through common situations when employees can sue an employer for violating their legal rights.
Employment Discrimination
Discrimination in the workplace is illegal under California’s Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964. Both laws prohibit employers from making employment decisions based on personal characteristics such as:
- Race,
- Gender,
- Age,
- Religion,
- Sexual orientation,
- National origin,
- Pregnancy status,
- Disability, and
- Military service.
Employers in California can’t consider any of these features in decisions about hiring, pay, promotion, assignments, or other work benefits. These and other anti-discrimination laws like the Americans with Disabilities Act and Pregnancy Discrimination Act also require employers to make certain workplace accommodations for employees who are pregnant or have disabilities. Denying a qualified employee’s request for reasonable accommodations could be grounds for a discrimination lawsuit.
Illegal Harassment
State and federal anti-discrimination laws also protect employees from targeted harassment at work. Sexual harassment is the most well-known form that illegal harassment takes. However, harassment can be unlawful whenever it targets an employee’s protected characteristics. Some examples of illegal harassment include:
- Threatening employees who speak in languages other than English at work;
- Calling employees who are over 40 insulting names because of their age;
- Telling derogatory jokes and stories about racial groups;
- Pressuring an employee for sexual favors in exchange for job benefits;
- Treating employees who are pregnant in unfair ways; and
- Sabotaging the work of an employee who’s part of a religious minority.
You can take legal action when this kind of treatment makes your work environment hostile and interferes with your job performance.
Wrongful Termination
Most California employees are “at will,” meaning their boss can fire them anytime for any legal reason. However, employees dismissed for illegal reasons can sue for wrongful termination in California. Firings motivated by discrimination or unlawful retaliation are often grounds for a wrongful termination lawsuit. If your boss violated the terms of your employment contract while firing you, you could also sue for wrongful termination based on breach of contract.
Wage Theft and Other Labor Law Violations
The federal Fair Labor Standards Act and the California Labor Code protect employees’s health and well-being in many important ways. These laws ensure that employees get fair compensation for all hours worked, take regular breaks, and receive their wages promptly. Wage theft happens when employers don’t follow these rules around pay and working hours, including:
- Paying under minimum wage,
- Denying valid overtime pay,
- Failing to provide lunch and rest breaks, and
- Withholding compensation from paychecks without consent.
You could also have grounds for a lawsuit if your employer has improperly classified you as an independent contractor, but you do the work of an employee.
How to Sue Your Employer in California
Just as no two employees are exactly alike, every employment lawsuit differs. The exact process involved in suing your employer can vary depending on the wrongdoing you suffered. However, there are some general steps that most employees follow:
- Contact us. Having the support of a legal professional is essential because an attorney experienced with California employment law can evaluate your situation and ensure you have grounds for a lawsuit. They can advise you on the best course of action under state or federal law and help protect your rights.
- Gather evidence. For a successful lawsuit, you need documentation of the wrongdoing you suffered and the harm it caused. We can help you identify and preserve valuable evidence, including emails, memos, photos, employment contracts, pay stubs, and interview witnesses who support your claim.
- Complete the administrative complaint process. Some laws require employees to file an administrative complaint with a state or federal agency before filing a lawsuit. We can help you navigate this process and secure the documentation you need to proceed with your civil suit.
- File the lawsuit before the statute of limitations. It’s essential to contact us as soon as you think you have a case, as all laws have deadlines for taking action. If you wait too long to file, you risk losing your chance to hold your employer accountable and recover compensation.
Employees with successful lawsuits may be able to receive financial compensation for the harm their employer caused. With our help you could recover unpaid wages, back pay, lost future income, withheld benefits, and damages for emotional distress you suffered.
Don’t Wait to Get the Help You Deserve
At the Law Office of John Dalton, we understand that taking legal action against your employer can be intimidating. However, no company is above the law. For decades, attorney John Dalton has made it his mission to help employees hold abusive and profit-driven companies accountable for their misconduct. He’s proud to have helped thousands of California employees win successful verdicts and recover compensation for the wrongs they suffered.
Contact us today to schedule a free consultation and learn how we can help you.