Litigation Process Explained
Answer for the Los Angeles’ Employment Law Crusader
At Alan Burton Newman, PLC our Los Angeles employment law attorney understands that the litigation process to seek damages for a complaint against your employer can be complicated and difficult to navigate. Whether you are filing a harassment or discrimination claim, or are looking to protect your family leave rights under California or Federal law, we are here to help. We want you to feel comfortable knowing that we will guide you through the legal procedures with proficiency and competence.
Getting the Process Started
After the attorney has spoken to the client on the phone and it appears likely that the client has a case, an interview will be set up at the attorney's office. At the interview, the merits of the case will be discussed. If the attorney believes that the client has a meritorious claim, they will be asked to sign a contingent fee agreement. The attorney will go over the agreement with you and answer any question you have before getting started.
The beginning steps for an employment law claim include:
- Signing an attorney-client agreement
- Sending a demand letter to your employer stating the claims
- Waiting for 10 days for a response
- Discussing the merits and damages of the case
- Filing a complaint with the court
Negotiating the Matter
Before any negotiations, a discovery period will ensue. This discovery consists of written documents that demand answers to interrogatories, request for documents and request for admissions. Also, depositions are noticed in which each party takes oral testimony of the other party under penalty of perjury and are recorded by a court reporter.
Occasionally, the case will go to mediation. Mediation is generally voluntary between the parties, although the courts may push for negotiation. The advantage of mediation is that both sides get to express their opinion and can hear the other side.
Usually, mediation will last for less than a day. Once an agreement is made, the matter is settled. Mr. Newman has had great success in mediation and has achieved a high degree of credibility with the mediators. This will increase the likelihood of the employee getting the maximum recovery.
What Happens When No Agreement Is Reached?
In some cases, an employment contract states that in the event of a dispute between the employee and the employer, the matter will be submitted to arbitration. The employee may be completely unaware of this agreement because it is contained in the employment application or the employee handbook. However, the courts honor these agreements.
Otherwise, a lawsuit will likely be filed, whereby either party may demand a trial by jury. If there is no demand for jury trial the judge will act as the finder of fact. It generally takes a year to a year and a half to get to trial depending upon the calendar of the judge assigned to the case. Therefore, it is essential to have a Los Angeles employment lawyer on your side to help expedite the process and ensure your rights are protected.
Call for Aggressive Advocacy Throughout Litigation
If you've been mistreated by your employer or have not been paid the overtime wages you deserve, let our team at Alan Burton Newman, PLC help. We can be at your side throughout each step of the process to ensure that your rights as a California employee are being upheld. As a wage and hour claims attorney in Los Angeles, Alan Newman has been a dedicated and passionate advocate for employees for more than 35 years and is ready to help fight for you! This pioneer of employment law only takes cases from honest customers, so justice is always being pursued!
Contact us today at (310) 986-2792 to schedule your free consultation and get started!
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