In California’s employment law realm, it can be easy to feel daunted by the process of understanding your rights and pursuing appropriate remedies. Employers have teams of lawyers and many on-site human resources professionals, and they often take advantage of their employees who don’t know the laws. If you have no experience working with or hiring an employment lawyer, you may ask yourself what is involved in the process.
In light of that, below is a thoughtful look at what will happen when you retain an employment law attorney in California and how it can help understand and pursue rights and fair treatment in the workplace.
A Good Understanding of Your Rights
When you consult with an employment lawyer, one of the first things you will receive is an explanation of your legal rights under California and federal law. Employment law can be complex, and while some circumstances may seem unfair, they may not be unlawful, and the same can be true in the other direction sometimes.
Your lawyer will review your situation with you and provide an understanding of the legal line on the issue. Regardless of whether you were an at-will employee or under a contract, they will explain what legal agreements or protections you have about:
- Termination
- Workplace harassment
- Discrimination (age, race, gender, disability, etc.)
- Unpaid wages or overtime
- Family and medical leave
This early guidance can help you decide whether pursuing legal action is right.
Confidential and Honest Assessment
Before agreeing to represent you, most lawyers will have you meet with them for a consultation—this may be free or involve a small fee. At that meeting, you will explain the facts of your case and the lawyer will evaluate your case and tell you whether you possibly have a case worth pursuing. This will usually be a candid discussion.
The best employment lawyers will not couch the issues- they will give you the good and the bad and tell you whether you have a chance for success—and what challenges you can expect. If you do not have a strong enough case, they will tell you why and often suggest what to do next.
Strategy and Legal Roadmap
Once you agree to work together, your employment lawyer will outline a plan. Depending on your situation, this may include:
- Gathering evidence (emails, texts, company policies, pay stubs, etc.)
- Interviewing witnesses or coworkers
- Filing complaints with state or federal agencies (such as the EEOC or California’s DFEH)
- Negotiating a settlement
- Preparing for litigation if necessary
A good lawyer doesn’t just react to problems—they plans.
Effective Advocacy in Settlements and Court
The majority of employment-related disputes end up being resolved without court involvement. Your attorney’s role is to ensure that any settlement offer is adequate for you. This can mean advocating for back pay, emotional distress for your experience, penalties, and perhaps even reinstatement if you feel that is something you want.
If there is no possibility of a settlement, going to trial becomes the next step, and your attorney will represent you through the litigation. This begins with the filing of the complaint, then once the case has begun, your attorney will respond to the movant’s motions to have the case dismissed, and prepare to present your case to either a judge or an arbitration jury.
The court can be very intimidating, but if you work with one of California’s best employment lawyers, you will have competent counsel who knows what to do when it comes time to litigate the case.
Emotional Support and Understanding
Conflicts in the workplace can be exhausting for the employees involved. The loss of a job or feelings of discomfort at work can affect self-image, financial security, and mental health. Although your lawyer is not your therapist, an empathetic attorney can provide comfort and assurance during this process.
Your attorney will help you remember the facts and prepare you for the next steps to circumvent any emotional thought process that impacts your decision-making.
When Should You Contact a Lawyer?
Timing can make a big difference in employment cases. California law has strict deadlines (statutes of limitations) for filing complaints. Waiting too long could mean losing your right to take legal action.
Here are some signs it’s time to consult a lawyer:
- You’ve been fired for reasons that feel discriminatory or retaliatory.
- You’re facing harassment that management is ignoring.
- You’ve been denied overtime pay or breaks you’re entitled to.
- You’re being forced to sign something you don’t understand.
- You’re unsure of your rights and want clear answers.
Wrapping Up
By hiring an employment attorney in California, you can protect yourself and hold employers responsible. You can expect counsel, protection under the law and someone that cares about you from the first meeting until the case is resolved. Whether you are receiving consolation time for wrongful termination, workplace discrimination, or not being paid wages you are owed, there is a benefit to working with the best employment lawyers in California that is likely to change the outcome–and for your peace of mind too.
