Legal Question in Employment Law in California
Hello. I'm considering filing a lawsuit against my former employer. I have 4 issues against this employer. All 4 issues are provable. Should I file a single charge and bring up the remaining 3 issues under this charge or would it make better since to file 4 separate charges against this employer. The issues are discrimination, sexual harassment, invasion of privacy and company wrongdoing aka whistleblower. Thanks.
2 Answers from Attorneys
It is best to assert all claims in the Complaint at the same time. The statute of limitations is preserved upon filing the Complaint in Superior Court and if there is a settlement, most settlement agreements will require a waiver of all claims. Some claims require administrative filings before you can sue in court. Employment law can very complicated and nuanced and navigating the courts is as well. You should consult with an employment law attorney about your case. If you have a good case, most employment law attorneys will take your case on a contingent fee basis - no cost to you. You can find attorney contact info on Avvo.com.
You must bring all claims against the defendant in one legal action or lose them. Your first two claim are actually the same claim, just two parts or examples. Be clear that whistleblower claims are based upon you reporting illegal conduct of the employer to authorities, or threatening to, and then being retaliated against.
You have one year MAX from termination or the occurrence of the illegal conduct to timely file your claims.
If you are serious about getting legal help, and if the case is in SoCal courts, feel free to contact me. If the case is worth pursuing, it is worth doing it right and professionally.