Personal Injury Law
Presenting and Proving Your Employment Law Case
Below is a list of considerations for any person considering presenting us with an employment law case. Answering these questions will also help you prove your employment lawsuit. Ask yourself:
Do I have a date first, bullet point timeline of all key facts of my employment situation in writing so I can clearly explain my case? If not, consider typing one up and be prepared to discuss it and/or send it to us.
Do I have a complete witness list of the name, phone numbers and address of all the people who know facts about my case? If not, consider typing one up and be prepared to discuss it and/or send it to us.
Do I have a complete set of documents that I can use to prove my case? If not, gather all documents and make a copy. We do not advise sending any attorney, not even us, your original documents until an attorney asks for them. You may need originals at trial or for yourself to give to other attorneys if a firm doesn’t take your case. Do not lose original documents. Be aware that documents may exist on different devices, e.g. laptops, thumb drives, external hard drives, CDs, etc. Send us a hard copy (not originals) so we can assess your job-related claim or lawsuit.
Do I know what my claims are against the employer? If not, ask yourself, what were the main things my employer did wrong? Was it related to payment of wages? Was it related to my race, disability, age, or other personal characteristic? Consider preparing a written document that lists all of the potential claims, harms, and what facts and witnesses support your version of the story and be prepared to discuss them.
Does the employer have claims against me? If not, great! If yes, do I have an explanation typed out that I can relate to any attorney that will help them see that the employer is wrong? If not, type up an explanation and read it over to see if it makes sense. If you resign or are terminated from a job, be careful not to take confidential information or trade secrets without written permission. If you plan on recording any person, in a performance improvement plan meeting for example, get permission before you start recording, and get the permission itself recorded. Voice-recording anyone without their knowledge or permission is illegal. Don’t set yourself up for a counter-claim.
What are my goals of representation in my employment lawsuit or workplace inquiry? What actual financial losses have I suffered so far? What will those losses be in six months or a year after a wrongful termination? Consider whether you have non-financial goals, such as changing an employment policy or procedure. Some of our clients want their former employer to sit through retaliation or discrimination training to prevent future harm to others.
What are my damages for what the employer did or did not do? Do I have medical records that prove harm? Do I have bank and pay records to show my lost wages? Consider compiling this information in advance so you have a firm sense of the harm.
What is the likelihood that other employees may want to bring a claim against the employer for unpaid wages, overtime, or expenses? Are other people suffering like I am? If so, try to have that information ready.
What kind of time and resources do I have to invest in this situation? Attorneys and law firms are more likely to take your case if you are willing to share and invest your time and resources. We often take cases on a contingency fees basis when a client cannot afford the costs and expenses related to their employment lawsuit.
How long has it been since the last act of discrimination, retaliation or unpaid wage event? Employment law claims have strict statutes of limitations. For example, wage claims generally have a three-year statute of limitations. Written contract claims have a four-year statute of limitations. Verbal contracts have a two-year statute of limitations. Discrimination and retaliation generally have statutes of limitations to file a claim with the appropriate agency in California lasting from one year to three years, depending on when the illegal conduct occurred. If your claims are against a city or county, you may have a six-month deadline to file a claim with the appropriate county official.
At Spencer Young Law, our Bay Area work discrimination lawsuit attorneys understand that it can take an enormous amount of courage to stand up for your rights. It can be very helpful to have experienced and dedicated lawyers on your side. Whether you have been unfairly terminated, you have been discriminated against because of gender or race, or have other discriminatory issues with an employer, contact our office today. We provide unparalleled legal support and guidance for San Francisco, Oakland, Berkeley, and Hayward employees. Call now for a free consultation.