How to Sue Your Employer in California

California has many laws in place to protect employees from abusive behavior on the part of their employers. Here’s how to sue your employer in California.

Common Reasons to Sue your Employer

Illegal Termination
Unfair Pay Deductions
Personal Injuries
Employee Discrimination
Sexual and Workplace Harassment
Retaliation
Defamation

The method of legal action will vary based on the reason for suing your employer. Different federal agencies may get involved, depending on the type of lawsuit. Primarily civil courts will be used when suing an employer.

Filing a Civil Lawsuit

A civil lawsuit can be broken down into a simple seven-step process:

Identify the name of the defendant
- In this case, the name of the person and the business or corporation would be necessary.
Ask for payment
- Make an official request from your employer for payment due to damages caused by the wrongful termination.
Find the right court to file your claim
- File a claim at your local courthouse
Fill out your court forms
- Obtain all the proper court forms and make three copies of each form
File your claim
- Officially file your claim with the court once all the documents are properly filled out.
Serve your claim
- Serve your claim to the defendant
Go to court
- Go to court on the time and day provided to you by your local court when filing

Suing your Employer for Illegal Termination

Two steps should be taken immediately after being wrongfully terminated:

Contact an experienced wrongful termination attorney
Collect all relevant information and evidence to your case

Evidence can include oral conversations, job performance reports, witness reports, fellow employee statements. Oral conversations should be written down, dated, and explain where the event occurred.

California’s statute of limitations for wrongful termination are:

Implied Oral Contract: Two Years
Breach of Contract: Four Years

Recoverable damages in California for a wrongful termination case are:

Lost wages and benefits
Damages emotional pain and distress caused by the unlawful termination
Cost of the trial
Punitive damages

Illegal Wage Deductions

The US Department of Labor is responsible for enforcing federal labor laws, including overtime and minimum wage. Both state and federal laws prevent employers from making illegal wage deductions.

Examples of illegal wage deductions:

Employers are required to pay federal unemployment tax, as well as state unemployment taxes. If the employer shifts the fee onto the employee, this would be an illegal wage deduction.
Employers are responsible for paying the employee’s compensation insurance premiums; shifting these fees onto the employee would be illegal.
Any pay that is below minimum wage would be a violation of the Fair Labor Standards Act (FLSA).
Pay deductions for the cost of personal protective equipment are also illegal under the federal Occupational Safety and Health Act.

A civil lawsuit can be pursued for any of the examples listed above.

Personal Injuries

Personal injury lawsuits can be pursued in two scenarios:

If you were injured due to your employer’s intentional conduct, you may be able to sue your employer on the grounds of personal injury in the workplace.
Ex:
- Your employer purposely did not put out a “Caution Floor is Wet” sign
- You slipped as a result of your employer’s actions/lack of action
- Your slip resulted in an injury

If a personal injury claim is pursued, provide documentation of the incident. If you’ve been injured, make sure to get a comprehensive medical examination done. Professional analysis of your medical injury will serve as essential evidence in court.

Ex: write down the time, place, and date that you slipped due to the lack of a “Caution Floor is Wet” sign. Then go to see a doctor for the resulting injuries and keep proof of the meeting with the doctor and the diagnosis.

If your employer does not carry worker’s compensation insurance, you may be able to sue your employer.

Employer Discrimination

Employees have three years since the incident of employer discrimination in California to file a complaint with the DFEH. An employee must obtain a right to sue notice before a civil case can be filed. Federal organizations, including the EEOC, handle employment discrimination claims. Employer discrimination can only occur against members of protected classes. If your incident was a result of your disability, race, sex, ethnicity, culture, religion, or any other protected class, you may file an employment discrimination lawsuit.

Sexual and Workplace Harassment

Sexual and workplace harassment claims are filed with the DFEH and EEOC. These two governmental agencies provide state and federal protections for employees. Sexual harassment can occur in and out of the workplace and can range from jokes about gender to physical grabbing of intimate parts. If you’re experiencing discrimination based on gender, you may be able to file a sexual harassment claim against your employer.

Retaliation

If a lawsuit, complaint, or harassment claim is submitted against your employer and they retaliate by firing, reducing pay, or cutting benefits, you may be entitled to monetary damages.

Defamation

If an unlawful employee termination results in other employers failing to hire you, you may be entitled to a defamation lawsuit.

FAQS

Can I sue my employer if a third party is responsible for the harassment?

Yes, third-party harassment cases are quite common.

What should I do if my employer threatened me when I asked about a raise?

Both a lawsuit and a restraining order would be viable courses of action in this situation.

Contact Us

If you or a loved one is seeking to sue your employer in California, get your free consultation with one of our California Employment Attorneys today! We won’t charge you a dime unless you win your case!