Employment Law Attorney in Orange County, California

What Is Employment Litigation?

Employment litigation involves a lawsuit in which an employee sues an employer or an employer is sued because of an employment-related issue. An issue may be claims of discrimination or harassment. Other types of employment litigation may involve pay, overtime, or scheduling.

Employment litigation can also include an employee’s claim of action illegal under whistleblower protections, violations of workplace safety, or issues related to benefits such as insurance, workers’ compensation, or pension. An example of employee litigation brought by a non-employee is a lawsuit filed by a job applicant who feels as if employment was wrongly denied.

Wrongful Termination

Though many employees are considered to have employment on an at-will basis, much employment litigation results from wrongfully terminated positions. If the employer was found to have terminated an employee due to their race, gender, or other protected class, the action was illegal. Employers are advised to provide employees with their expectations in writing and develop a process that leads to discipline and dismissal in order to protect themselves against this type of employment litigation.

Harassment

Another common reason for employment litigation is harassment. Workplace harassment can be defined as any type of behavior directed against an individual that is more than the average employee could be expected to endure. If the harassment is based on the employee’s inclusion in a protected class, such as race, gender, or sexual orientation, it is illegal. Employers are advised to have anti-harassment policies in place, to enforce these policies, and to respond to complaints immediately to avoid this type of lawsuit.

Discrimination

Discrimination is another common area of employment litigation. It can be part of another type of lawsuit, such as those based on improper termination or harassment, or it can be the sole reason for the lawsuit. Discrimination includes negative actions taken against an employee based on that person’s inclusion in one of the protected classes. It can also include discrimination based on other classes such as military status or the employee filing for bankruptcy.

Retaliation

Employment litigation can result when an employee feels as if the employer is unfairly retaliating. This can occur because an employee exercised a right or reported some type of violation in the workplace. In nearly all instances, retaliation is illegal.

Skilled Advocacy When You Need It Most

Most employment lawsuits never make it to trial. Most companies will try to settle the remaining cases out of court. This is done not only so that the company can avoid possible negative publicity, but also because it saves the employer time and money.

As an employee, you have rights. We will fight to protect them. Let our experienced employment law and litigation attorney help you seek justice so you can continue building the life you deserve. Contact our office in Orange County, California, today to get started.