Is an Employment Lawsuit Worth It?

Employees working full-time are likely to spend at least 40 hours of their week at their jobs. This amounts to over 2,000 hours every year. Employment is a massive time investment. Fortunately, California recognizes the importance of protecting those employed within the state. Though there are numerous laws and regulations in place to protect employees, it is not uncommon for employees to wonder, “Is an employment lawsuit worth it?”

Filing an employment law claim can feel incredibly daunting. Not only are you concerned about supporting yourself and your family, but you must also now consider the time and energy commitment of the employment claim. This is especially true if your employer is a larger company with significant resources.

Types of Employment Litigation

Many situations fall under employment law, but some of the more common types of employment claims in Orange County are:

• Wrongful termination. Though California is an at-will employment state, there are situations where termination from a job is considered unlawful. Examples include violating employment contracts, retaliation for a protected activity, or an exception, such as public policy.
• Hostile work environment. A hostile work environment arises when pervasive or severe behaviors alter the conditions of employment, making it difficult for the employee to perform their job duties. Examples that can create this type of workplace environment include harassment or discrimination.
• Discrimination. Discrimination claims arise when an employee is treated unfairly based on protected characteristics, such as disability, gender, or race. Gender and disability discrimination claims are the most common in California, with 1,778 sex-based and 1,716 disability-based claims filed with the EEOC in 2024.
• Wage and hour disputes. This type of employment claim involves issues such as minimum wage violations, unpaid overtime, or incorrectly classifying employees as exempt.
• Whistleblower. A whistleblower is an employee who reports violations of a local, state, or federal statute to the appropriate person or agency. Under California law, employees are encouraged to disclose this information, and they are protected from retaliation by their employer if they do.

What to Expect

Though the specifics of what to expect will depend on your specific circumstances, some steps in the process are fairly universal. Some of these include:

• Filing court papers. The legal process of filing an employment law claim begins with drafting and filing a formal complaint. This filing will explain the plaintiff’s claim against the defendant, define the issues involved, and name the parties in the dispute.
• Discovery. Both sides are required to exchange all relevant evidence, documents, and facts in preparation for a potential trial.
• Discovery. It is common for cases to be resolved through a settlement without ever progressing to trial. The involved parties can decide to settle the issue at any point in the process. These agreements can be reached with the help of third parties, like mediators or attorneys.
• Trial. If the case cannot be resolved during pre-trial motions or a settlement, a trial will result. Each party will have the chance to present their side. Then, the judge or jury will issue a verdict.
• Appeal. Once the judgment has been issued, either party can file an appeal with a higher court. The appeal process is different from the initial claim process.

Legal Remedies

One of the most important factors in determining whether the time and energy commitment of filing a claim against your employer is worth it is the potential outcome. Available compensation when filing a claim can address:

• Back pay and front pay
• Compensatory damages
• Attorney fees and costs
• Injunction relief
• Punitive damages
• Reinstatement

Though massive settlements ranging in the millions are possible, that is not the norm. A knowledgeable Orange County employment attorney can determine the likely potential outcomes for your situation. This information can help you decide if an employment claim is worth the effort of pursuing.

FAQs

Q: Is It Hard to Win an Employment Claim?

A: It can be difficult to win an employment claim, but the ease of winning your case is dependent entirely on your specific situation. To win in a trial or negotiate for a favorable settlement, you need clear and convincing evidence that shows how your employer violated employment statutes. Communicating with an attorney can make winning your case easier, as they can bring years of legal knowledge and experience to your cause.

Q: What Are the Downsides of Filing a Claim Against Your Employer?

A: Though a claim can have a favorable outcome in the end, there can be some downsides to filing a claim against your employer. You and your attorney will need to commit time and effort to building your case. There is also likely to be stress involved, especially if your employer attempts to retaliate against you for filing the claim. Though the process may end up being worth it, there will still be difficult times throughout the case.

Q: What Is the Average Employment Claim Settlement Amount?

A: It can be rather difficult to determine the average employment claim settlement amount because the range of settlement amounts is vast. Factors such as the strength of the evidence, the type of claim, and the severity of the harm caused will all impact the potential settlement amount. The EEOC secured almost $700 million for roughly 21,000 victims of employment discrimination in 2024, which averages out to about $30,000.

Q: What Are the Types of Employment Law Claims That Can Be Made Against an Employer?

A: Several types of employment law claims can be made against an employer. Examples include filing a claim for an employer:

• Retaliating against you for being a whistleblower
• Discriminating against you based on a protected characteristic
• Failing to pay minimum wage or overtime wages
• Allowing a hostile work environment

Filing a Claim Against Your Employer

Making the choice to file a claim against your employer can be intimidating. Fortunately, you do not need to make that choice alone. The knowledgeable team at Blake & Ayaz can evaluate your situation and provide valuable information about your situation. We can help you make an informed decision about your next steps.

Contact our office today to begin the process of holding your Orange County employer accountable for any statutes or regulations they have broken.