When you are mistreated at work or fired, your first thought may be filing a lawsuit against your employer. But that is often the wrong action to take.
Depending upon your problem, you may first need to exhaust all available administrative remedies, especially if you live in California. That means you must first contact the agency that deals with your situation and file a claim. The agency would then investigate, and either inform you that it found no evidence to support your claim, or that it will pursue the case on your behalf.
Even if the agency finds no evidence, usually it will give you the right to file a lawsuit. You could then file an employment law claim in state or federal court. Although agency evidence of wrongdoing would help your case, that does not mean your case would be unsuccessful without it.
Administrative agency reviews often take several months, even a full year. Many employees find this process frustrating, but if they try to get around it by filing in court, the judge will dismiss their case.
An employment law attorney can still help you even with the agency process. An attorney can review paperwork for the agency claim and point out any errors or unclear statements, so that the employee can correct them before filing.
So what are some cases where an employee may first need to go to an agency?
Discrimination and Harassment: An employee in California would file with either the federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing, or both, depending upon the nature of the problem, the size of the workplace, how much time has passed since the injury, and other factors.
Wrongful Termination: If the termination stems from discrimination or sexual harassment, an employee would again file with the EEOC or the California Department of FEH. However, an employee who was fired due to engagement in a protected activity (such as political activity) can file with the California Labor Commission. An employee who files with the Labor Commission is not precluded from filing a private lawsuit and may have attorney representation at any Labor Commission hearings.
Union Representation: While a union-represented employee does not need to file with an agency for every grievance, he or she must follow the procedures in the union's collective bargaining agreement. That agreement may require several steps, including mediation, before the employee is free to file a private lawsuit.
Whatever your problem, it is important to check whether an agency must first investigate your claim before filing in court. An attorney can help you investigate and determine which agency, if any, you should seek out.
If you need a Bay Area bankruptcy attorney or a Contra Costa employment law attorney, contact the Wild Law Office today.
The above should not be construed as legal advice.
