An employer may commit various unlawful acts that can disadvantage an employee or violate that employee’s rights.
Anyone faced with one or more of these situations may need to hire an employment attorney:
- Harassment in the workplace.
- Discrimination in the workplace (based on age, race, sexual orientation, gender, or other protected characteristic).
- Retaliation for exercising their right to collect wages, file a complaint, or participate in an investigation.
- An employer’s violation of the terms of the employment contract.
- Being made to waive their rights as an employee.
- An employer’s failure to provide wages or benefits that are due.
- An on-the-job injury or illness and filing a workers’ comp claim.
Whenever an employee faces one or more of these issues, they should immediately reach out to an experienced employment attorney to explore every option in addressing the issue. The longer you wait to contact an employment attorney, the harder it can be to prove your case and obtain any compensation that you may be due.
Also, California law, like most other states, has statutes of limitations that apply to employment-related lawsuits. That means there is a time limit on asserting your employee rights. Any delay can risk losing the opportunity to file their complaint or claim.
Should I tell my employer I hired a lawyer?
Making a threat of filing a lawsuit against your employer may feel great in a moment of frustration, but it can often have serious consequences. It is never helpful for the employee to tell an employer that they have retained or plan to retain an employment lawyer.
Regardless of the situation you find yourself in, the mention of a lawsuit or hiring an employment attorney will likely upset your employer and make a bad situation worse. Do not assume that your employer will be intimidated by threats of a lawsuit because these threats are not followed through in most instances. Usually, the threat of a lawsuit is not only less intimidating than the employee would like it to be, but it is also ineffective in improving a work situation.
Certain instances exist where the well-delivered news of retaining a lawyer can positively impact the employee’s situation. In nearly every circumstance, the employee should consult with their attorney before letting the employer know they have retained an attorney. An employment attorney can help you carefully consider the circumstances and timing of making the announcement, if at all.
Can my employer fire me for suing them?
Undoubtedly, should you choose to file a lawsuit against your employer when they still employ you, the situation will, at some point, become tense and complicated for everyone involved. Filing a lawsuit against your employer will likely upset them and result in mistreatment in the workplace. You can also expect to face significant scrutiny at work. It can also result in wrongful termination.
California law makes it illegal for employers to fire an employee who brings a good-faith employment-related claim or lawsuit. Firing an employee for bringing a claim is considered unlawful retaliation, not only under state law but also under federal law. Even though the practice is illegal, it doesn’t mean you won’t be fired. That is why anyone filing a lawsuit against their employer should prepare themselves for this outcome, which is likely.
Can I sue my employer for stress and anxiety?
Both California and federal law give employees the right to work in an environment safe and free from harassment, negligence, or undue stress. Employees may have grounds to sue their employer claiming workplace stress in certain instances.
Stress resulting from ordinary activities and incidents, such as difficult coworkers, demanding bosses, or extended work hours, may be grounds for a workers’ compensation claim over work-induced anxiety or stress. When stress or anxiety is related to instances of harassment or discrimination, you might be eligible to file a lawsuit.
How much can you sue for emotional distress?
Suppose you need an employment attorney because you have suffered wrongful termination, retaliation, harassment, or discrimination in the workplace. In that case, you might be eligible to collect damages related to emotional distress as part of your lawsuit against your employer.
Typically, compensation for emotional distress will involve compensation for costs associated with that distress. That may include expenses related to medications prescribed by your doctor to address the mental toll that the stress, anxiety, and emotional distress has taken on your body and mind. It can also cover the cost of counseling and other treatments.
Do I need an employment attorney?
Most employment attorneys offer a free consultation for potential new clients. If you wonder if your situation warrants hiring an employment attorney, consider contacting a California employment lawyer. Expert labor law attorneys can properly evaluate your situation and determine if you have a case against your employer. An employment attorney can protect your rights as an employee in California, and hold your employer accountable for their negligence.
Contact an Experienced Employment Lawyer in Orange County
If you feel you have been mistreated by your employer, contact the Irvine employment attorneys at the Law Offices of Samer Habbas & Associates. Our Orange County labor law attorneys handle a variety of employment disputes—such as wrongful termination, wage & hour violation, discrimination, sexual harassment, toxic workplace, and more.
With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent mistreated employees across Southern California. For more information or to schedule a complimentary consultation with an expert Orange County employment attorney, please call 949-727-9300.