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How Do I Know If I Have an Employment Law Claim Against My Employer?

How Do I Know If I Have an Employment Law Claim Against My Employer?

A consultation with a lawyer can offer you valuable insight into a potential lawsuit.

How Do I Know If I Have an Employment Law Claim Against My Employer?

It isn’t unusual to have a bad experience at your job. Maybe your coworkers were competitive and unhelpful, or your boss was constantly screaming at you. It is possible to have a truly awful work situation — without having a claim against your company. Under both federal and California state law, only certain types of employment actions are illegal. This includes discrimination on the basis of sex, religion, national origin, race, or membership in another protected class.

If you have been fired, demoted, put on a bad shift, or otherwise are being treated unfairly at work, you may be curious about filing a lawsuit against your employer. The best way to find out if you have a potential case is through a consultation with a California discrimination attorney.

There are typically two components to the intake process with an employment law firm: an intake form and a consultation. Each of these steps is important in determining if you may have a legal claim against your company.

Intake forms ask you to describe what happened to you. They also ask questions that are designed to find out if you have a valid claim, and if you may have another claim against your employer. Typically, these forms will ask a number of questions about timing, or what happened when. It is important to answer these questions to the best of your ability. Most legal claims — including employment law cases — have time limits, known as the statute of limitations. If an employment action happened too long ago, then you probably won’t be able to file a claim against your employer.

Some questions on the form may seem irrelevant to you. After all, if you believe that you were discriminated against, you may not see the point in explaining how and when you were paid. A California discrimination attorney will evaluate these forms to not only see if you have a potential lawsuit for the thing that you came to them about — but if there are any other claims. For example, if your employer didn’t pay you on time or withheld certain wages unlawfully, then you may have a wage and hour claim in addition to a discrimination, harassment, or wrongful termination claim.

Once you have completed the intake form, you may be asked to consult with a lawyer. This step is also vital, as it gives you an opportunity to tell your story — and the attorney a chance to ask you questions and figure out if you have a claim. Once the law firm has a chance to review your form and analyze the information provided in the form and in a consultation, they will let you know if you have a possible claim against your employer. Keep in mind that a number of factors go into this evaluation, such as the size of your employer, if a violation of state or federal law occurred, whether you have signed an agreement that may limit your rights, or if you were able to get a new job right away. While it may be upsetting to learn that you don’t have a claim, it is better to know early, before you put time and energy into pursuing a lawsuit.

At PLBSH, we have decades of combined experience representing people in discrimination, harassment, and other types of employment law claims. If you believe that you have been treated unjustly at work, reach out to us today at (800) 435-7542 or info@plbsh.com to schedule a consultation with one of our seasoned California discrimination attorneys.

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