Santa Ana Employment Law Overview
It’s important to familiarize yourself with employment laws as much as possible. Employers often don’t have your best interest at heart, so you must know the rules and what steps you can take if you believe your employer is discriminating against you or engaging in other unlawful behaviors. Sessions & Kimball has an excellent reputation and a significant amount of experience handling employment law cases. Clients receive the expertise of our entire firm because of our collaborative approach to cases. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.
Statute Of Limitations
The statute of limitations is one of the most important aspects of a lawsuit. If you don’t file your case in time, you won’t be able to recover anything. The statute of limitations can be a bit confusing because it is different depending on the type of case, so it’s always a good idea to contact an attorney. However, the following are specific deadlines that have to be adhered to for some of the most common types of employment law cases:
In California, you have three years from the date of the most recent violation to bring a lawsuit.
Sexual Harassment Lawsuit
For a sexual harassment lawsuit, you first have to make an administrative filing to the federal Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH). DFEH filings usually need to be made within three years of the most recent incident of sexual harassment. If for some reason the victim learns of the behavior after the three years have expired, they will be given a 90-day extension. Once you are issued a right-to-sue notice from the DFEH, you have one year to initiate a lawsuit.
A filing with the EEOC must be made within 180 days of the most recent incident. This deadline is extended to 300 days if a claim is also being filed with the DFEH. Once you receive a right-to-sue notice, you will have one year to file your lawsuit.
Are You Always Out Of Luck If You Miss The Deadline?
Generally, yes. However, the person you are filing a lawsuit against has to actually bring this up with the court! They have to raise it as a defense. If they don’t, then the lawsuit can go through, even if you are past the deadline. Additionally, some employers will actually agree to extend the statute of limitations. This occurs so that you have more time to come to an agreement. An employer likely wouldn’t agree to this if you’re already past the deadline. If you’re close, though, they might. It’s in their best interest to avoid a trial, as they are expensive, incredibly time-consuming, and potentially very damaging to a company’s reputation. Settling is generally easier and less expensive for everyone involved.
Sessions & Kimball Can Help With All Of Your Employment Law Needs
If you have any questions regarding employment law or you believe you’re being treated unfairly at work, don’t hesitate to reach out to us. We will do everything in our power to ensure you get the justice you deserve. This often includes compensation. Don’t forget – you don’t get billed anything by us. When we win your case or receive a settlement, our fees are taken from those funds. You will never have to pay us out of your own pocket. Contact the office of Sessions & Kimball by using our online contact form or call us at (949) 380-0900 for a free consultation today.