Can I Sue My Employer in Los Angeles?

Anytime a workplace issue arises, employees are left wondering about their rights. One of the most common questions asked is, “Can I sue my employer in Los Angeles?” The answer to this highly depends on what happened at work and if it involves any unlawful practices that can be proven with evidence. Fortunately, Californian employees have the right to take legal action against their employers in many different scenarios to help protect their rights in the workplace.

Grounds for Suing Your Employer in Los Angeles

If you are considering taking legal action against your employer, it’s important to understand what different grounds would allow this to take place. Between California labor laws and various federal regulations that protect employees from misconduct at work, there are many different options that could give you the green light to move forward suing your employer.

Some of the most common include:

Workplace Discrimination

It is illegal to discriminate against someone at work based on protected characteristics of an individual’s identity. This is illegal under both California and federal law. Some of the more common forms of this is treating someone differently based on their race, gender, age, disability, and sexual orientation, among other protected categories.

If you believe this happened, you can work with an attorney to file a claim with the California Department of Fair Employment and Housing.

Harassment

Being harassed at work can create a very hostile or offensive work environment, making it difficult to perform your job well. If left unaddressed, this behavior can slowly permeate across the entire organization, creating a toxic workplace environment where subtle forms of harassment become the norm. All Los Angeles employees are protected by a strong set of anti-harassment laws. This allows them to pursue legal action anytime harassment occurs.

Wrongful Termination

Most employees in California are working “at will.” This means that their employer has the right to terminate their employment in most instances without having to give a specific justification for the decision. However, there are some exceptions that apply. It is still illegal for an employer to fire someone as a form of discrimination or retaliation or if there is proof the decision violated specific terms in their employee contract.

Wage and Hour Violations

California has strict wage and hour laws that were designed to protect employees from being underpaid or forced to work excessively long hours without being properly compensated for the extra work. Some of the more common wage violations include being unpaid for overtime hours, being paid less than the state’s minimum wage, or being denied meal or rest breaks. Any employer who fails to comply with these laws will be vulnerable to legal action.

Unsafe Working Conditions

An employer has a legal duty to maintain a safe working environment for their employees. If you are someone who has experienced unsafe working conditions, like not being provided appropriate protective equipment to keep yourself safe on the job, you have the authority to report this to California’s Occupational Safety and Health Administration. This is especially true if you suffered any harm as a result of the unsafe working conditions.

Steps to Take Before Suing Your Employer

It’s important to keep a detailed record of every instance of illegal behavior at work. Write down the date, time, and people who were involved. If possible, address your concerns through your employer’s internal reporting channels, whether that is to contact the HR department or alert your immediate supervisor. This shows that you took the reasonable steps necessary first to try and resolve the problem without pursuing legal action.

Before you do any of this, it’s recommended you hire an employment attorney to discuss the details of your case. You want to ensure you don’t make any mistakes that could jeopardize what is otherwise a strong case rooted in merit. An attorney will instruct you on what exact steps to take to ensure you are set up for success in the end.

FAQs:

Is It Worth It to Sue Your Employer?

Making the decision on whether it is worth suing your employer will depend on your case’s specific details. This will include how strong your evidence is, the nature of your claim, and what potential outcomes exist. It’s true that legal action can be time-consuming and possibly strain the relationship you have with a specific company or team. However, this should not intimidate you from trying to seek compensation for legitimate workplace damages.

Can I Sue My Employer for Not Paying Me Correctly in California?

Yes, it is possible to sue your employer in California if there is clear evidence they did not pay you correctly. This is especially true in California, which has strong protections against wage and hour violations. It’s important to have documentation of your hours worked and pay received when hiring an attorney to take on this case. It will be a strong starting point for them to guide you through the rest of the process to help recover any unpaid wages.

Can I Sue My Employer for Emotional Distress in California?

California employees are able to sue their employer for emotional distress if it stems from actions that violate specific employment laws, like harassment and discrimination. Emotional distress claims are often involved in lawsuits where an employer’s behavior is especially harmful. Your attorney will help you collect enough strong evidence to link their misconduct to the emotional impact you are suffering from.

Can I Sue My Employer if I Am an Independent Contractor?

It’s a fact that independent contractors generally have fewer protections than employees, but there are some exceptions that allow them to sue their employer. For example, if you have been misclassified as an independent contractor in an illegal attempt to reduce your rights at work, this can make for a strong case. Misclassified workers have the right to sue for back pay and any other damages that were caused by their employer’s unlawful acts.

Contact the Law Offices of Reisner & King LLP Today

If you have experienced something unlawful at work and want to check and see if you have enough evidence to sue your employer, contact us today. We know how to construct compelling legal arguments against employers who overstep the law and take advantage of their employees.