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3 Tips to Avoid Employment Litigation In California
How You Can Settle Employment Problems Out Of Court
Many bereaved employees don't fight for their rights to avoid Employment Lawsuits in California. After all, lawsuits can be financially and emotionally taxing for the people filing them.
However, you shouldn't be avoiding California employment issues just because you don't want to go to court. There are a lot of cases where employment issues were resolved without having to sue.
So, let's talk about your options for non-litigated resolutions to your California employment issues, as advised by experienced California employment lawyers.
1. Resolving Your Issues Internally
If you're experiencing discrimination and toxic work environments, you might be able to resolve them with a simple report to HR. This is an option for people who experience discrimination that may not be considered illegal acts under California employment law.
Remember, isolated incidents like passing comments and one-time interactions don't qualify as illegal acts of discrimination.
Nevertheless, this is an excellent way to squash any existing tensions in the office before it becomes a bigger problem later on. It's important to note that HR is there to manage the work environment. So, if there are rising tensions and misunderstandings, they'll be able to step in and help mediate and resolve the issues.
2. Have A Lawyer Send A Demand Letter
Not all California employment issues can be resolved internally. So, if reporting to HR is impossible or isn't working out, you can request a demand letter to be drafted by prescreened employment attorney in Los Angeles. This is also an option for ex-employees who were forced to quit or were fired due to their California employment issues.
Remember, employers want to do away with litigation as much as they can. They might be able to pay for lawyers, but getting sued might expose them to bad PR and unwanted scrutiny. A demand letter proves that you're serious about your claims, dangling the possibility of an impending lawsuit.
Additionally, California employment lawyers can write demand letters without taking things to court. Doing so opens things up for negotiation, giving you more opportunities to assert yourself.
3. Negotiate A Settlement
As said, employers try to avoid lawsuits as much as they can. So after sending a demand letter, they might reach out with a response or an offer to settle your California employment issues out of court.
Settlements are agreements between two parties, written down and recorded on paper. Employers will often send you a settlement offer through their attorneys, and you'll be given time to review the paperwork. Then, if you disagree with the offer, you can start negotiating with them.
Remember, settlements don't just involve monetary compensation. For example, they could agree to reinstate you, give you back pay, monetary compensation while you're looking for a new job, or pay for the training you might require for your next job. Once you agree with the terms, payment or exchange can be processed.
That said, going into these negotiations alone might feel intimidating. You might agree to unfair settlements due to intimidation or stress, which isn't an ideal scenario for you. Contact one of our prescreened California employment lawyers to preserve your settlements.
Final Caveats
Some issues under California Employment Law, like whistleblower claims for OSHA and other violations, require you to go to court. You'll have to contact the EEOC or hire an employment attorney in Los Angeles for these cases.
However, some problems can still be resolved without a lengthy legal procedure. You can skip the stress of going to court as long as you preserve your evidence and protect yourself from possible intimidation tactics. Hence, you want to make sure you compile your documents, organize your communications, and weigh your options.
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