If you’re grappling with employment issues in California, you may have numerous questions on your mind. Whether it’s about hiring an employment law attorney or understanding your rights after quitting a job, this guide will shed light on six frequently asked questions regarding employment law. If you have further inquiries, don’t hesitate to give us a call.
1) What to Look for in an Employment Law Attorney?
When searching for an employment law attorney, particularly in California, you need someone who specializes in areas like the Fair Employment and Housing Act. Here’s what you should consider:
- Expertise in Employment Law: Find an attorney who focuses on discrimination or employment law.
- Resources: Choose a firm that can go head-to-head with employers, regardless of their size.
- Trial Experience: Ensure that the attorney has genuine experience in trying cases.
- Trustworthiness: Find someone who truly understands your situation, whether that means going to trial or settling before.
2) Is It Possible to File a Claim After Quitting a Job?
Yes, it is possible, but the circumstances matter. If you quit due to wage violations, your rights will survive. However, if quitting was the result of unlawful conduct, such as discrimination or harassment, the situation may be more complex. In such cases, consulting an attorney before quitting is highly advisable.
3) Can an Employment Law Claim be Settled Before Trial?
There are two kinds of clients in this regard:
- Those ready to go to trial.
- Those willing to settle after telling their story.
Most cases do settle, but it’s essential to have a firm ready to try the case if needed. This readiness can also influence the settlement terms favorably.
4) What Damages Can Be Recovered in an Employment Law Claim?
Recovery in an employment law claim can involve:
- Emotional Stress: Compensation for both past and future emotional distress.
- Loss of Benefits: Covering wage loss, medical benefits, and more.
- Punitive Damages: To penalize despicable employer behavior.
- Attorneys’ Fees and Costs: Usually, the injured party shouldn’t have to pay these.
5) What Are the Time Frames for Filing an Employment Law Claim?
The statute of limitations can vary from six months to three years, depending on factors like the claim type, employer size, and whether it’s a public or private entity. The complexities involved make it crucial to consult an attorney promptly to preserve evidence and meet deadlines.
6) How Do Social Security Disability Benefits Work?
Workers’ Compensation typically covers injuries. However, if you realize that you can’t return to work, you might be able to file for Social Security Disability benefits through both Federal and California systems. Additionally, you might qualify for short-term or long-term disability payments. Given the complexity of this area, professional guidance is highly recommended.
Do You Need a Free Legal Consultation?
Understanding employment law can be a complex task, especially when navigating it alone. This guide has addressed some of the common questions that arise, but each situation is unique, and personal consultation with a legal professional is often the best course of action. If you’re facing employment issues, don’t hesitate to reach out to PLBH at (800) 435-7542, and let us help you understand your rights and options.