Employment law in the United States can be difficult to navigate when legal disputes arise between employers and employees. While many of these disputes are settled privately outside of court, this isn’t possible in every case. Litigation is the process of resolving a legal dispute in a court of law, and it is a lengthy, multifaceted process when it comes to employment-related disputes.

Whether you are an employee or an employer facing any dispute regarding California or US employment laws, litigation may be essential for resolving your case. Legal counsel you can trust is essential in this situation, but not just any employment attorney will do. If your current dispute is headed for active litigation in a courtroom, you need a litigator on your side. While all litigators are lawyers, not all lawyers are litigators. Many attorneys attempt to settle their clients’ cases outside of court, avoiding litigation whenever possible. Some are unwilling to accept clients’ cases if they believe they must be resolved in court.

Common Types of Employment Cases in California

Employment litigation can arise in any dispute between an employer and an employee. It is also possible for an employer to face a lawsuit from another business or some other entity alleging damages. While most claims for damages involving private parties are resolved privately in settlement negotiations, litigation is often necessary for various types of employment disputes, including:

  • Wage and hour claims. All California employers must pay their employees correctly according to state law. If an employee alleges their employer intentionally refused to pay them correctly, violated state minimum wage or overtime laws, or took unlawful deductions from their check, this can easily generate protracted employment litigation.
  • Employment discrimination. The Equal Employment Opportunity Commission (EEOC) of the United States is the federal agency responsible for handling all claims of employer violations of US employment laws, particularly those involving unlawful harassment or discrimination. If the EEOC determines a defendant has broken US employment laws, they may initiate legal proceedings on behalf of the affected claimant and/or provide the claimant with a Notice of Right to Sue that allows them to proceed with a civil claim. However, if the parties cannot resolve an EEOC dispute privately, the case must be resolved in court.
  • Employer retaliation. US employees have the right to complete legally protected actions in good faith, even if those actions harm their employers. Filing for workers’ compensation could lead to higher insurance premiums for the employer. Filing a wrongful termination suit could diminish the employer’s public reputation. Reporting fraud, violation of a public policy or failure to adhere to industry regulations can also qualify as legally protected actions as long as they are taken in good faith without expectation of reward. If any employer retaliates against a legally protected action, this will likely lead to complex litigation between the parties involved when the employer denies their actions.

These are only a few employment disputes that can potentially escalate to litigation. In most cases, attorneys and their clients do whatever they can to avoid protracted courtroom proceedings, but this is not always possible in every case. A good employment attorney will exhaust their client’s options for privately resolving their case but will take it to court if necessary.

How Does Litigation Work?

Litigation is a notoriously complex and time-consuming process. When it comes to employment disputes, these are almost always civil cases that will unfold in civil court. However, an employee or an employer can face criminal court proceedings depending on the nature and severity of the actions. Litigation begins once the parties involved in the dispute reach the mutual understanding that they cannot negotiate a resolution privately.

The preliminary phase of any litigation involves pretrial motions and discovery. Both sides of the case have the right to ask the court to disregard specific pieces of evidence or address other specific matters before active courtroom sessions begin. Discovery is the process of sharing relevant evidence and documentation to ensure there are no surprises in court. Both parties must provide copies of all evidence, documentation, depositions, and other materials they plan to use in the case.

It can take months before litigation reaches the courtroom phase, and it can take just as long, if not longer, for the judge to resolve the case. In litigation, both parties have the right to call witnesses, present expert witness testimony from qualified professionals, and testify. In addition, the judge overseeing the case must review all evidence and arguments before delivering their ruling.

What to Expect From an Employment Litigator in California

Whether you are an employer or an employee facing a complex employment law dispute, legal representation you can trust is an essential asset for navigating litigation efficiently. An experienced employment litigator will know which pretrial motions will best suit your position in the case and file them on your behalf. When it comes to discovery, you can rely on your legal team to carefully review all materials presented by the other side and to ensure your side of discovery is complete and accurate.

No attorney can ever promise a specific result to a client in any type of case, and litigation can be very unpredictable, no matter what the case entails. Therefore, you need legal counsel from an experienced and flexible attorney who is prepared to meet any unexpected challenges in your case. In addition, litigation can potentially take several months or even more than a year to complete depending on the details of a case, but the right attorney can help their client streamline these proceedings significantly, potentially helping them reach acceptable results much faster than they expected.

Fishman, Larsen & Callister is not just a team of experienced attorneys but also experienced litigators. We have helped many past clients navigate very complex employment disputes, including those that demanded resolution through litigation. Contact our team today to schedule a consultation if you are bracing for difficult litigation in California and need an attorney you can trust to represent you.