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 can guide you through the legal procedures with proficiency and competence.
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 case and the client and the attorney are compatible, the client 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:
Before any negotiations have, a discovery period will ensue, consisting of written documents that demand answers to interrogatories, request for documents and request for admissions. In addition, 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 there may be substantial pressure put on by the courts for the parties to mediate. The advantage of mediation is that both sides get to express their opinion and can hear the other side.
Usually mediation will last from a half-day to a day. Once an agreement is made, the matter is settled. Mr. Newman has had great success in mediation. He has achieved a high degree of credibility with the mediators. This will increase the likelihood of the employee getting the maximum recovery.
In some cases, the 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 in the 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, then 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. This is why it is essential to have a Los Angeles employment lawyer on your side to help expedite the process and ensure your rights are protected throughout.
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 30 years and is ready to help fight for you!
"I was afraid that if I hired an attorney to get me the overtime wages which I was entitled to that I would be fired. Instead, when I hired Alan Newman, I not only received a settlement but also my working condition was improved."
"Before I talked to an attorney, I was not sure whether I had a case. Mr. Newman explained to me the reasons why I had a case and I proceeded with him. He was able to get me an excellent result without having to go to trial. As he explained to me, his reputation was more important than the particular facts."
"I asked a friend of mine who he would use as an employment attorney. He recommended Mr. Newman who was able to immediately talk with me. We spent considerable time on the phone. He was patient and understanding. I was able to receive a significant settlement within 90 days."