Disabled employees are a "protected class" under California employment law. What this means is that employees cannot be discriminated against for the reason of their disabled status. Disabled employees cannot be refused to work, fired, suspended, have reduced pay, or denied accommodations.
However, just because a law states disabled employees can't be discriminated against doesn't mean there aren't terrible employers who will do it anyway.
When this happens, you have the option to sue your erring employer and claim damages for the financial and emotional losses you sustain because of it. Again, your Los Angeles disability discrimination lawyer will be able to assist you in obtaining such compensation.
Filing Disability Discrimination Claims In California
So, what does it mean to sue your boss? What are the requirements for filing a claim? Is there a deadline?
Here's what our Los Angeles disability discrimination lawyers have to say:
Is There A Deadline For Filing Disability Discrimination Claims In California?
To obtain a letter granting you the right to sue, you have one year from the day you were fired to submit a report.
Typically, your California disability discrimination lawyer will get this on your behalf. However, if you already own one, be careful to inform your Los Angeles disability discrimination attorney as soon as possible. You have one year to submit your lawsuit in court after receiving a letter granting you the right to sue.
For public entities, these deadlines differ. The statute of limitations in various situations can be six months. This is why you must work with a prescreened disability discrimination Attorney in Los Angeles.
What Happens If You Report Your Employer For Disability Discrimination In California?
So, your employer violated your labor rights as a disabled employee in California. What happens, then? Here's the most common scenario:
1. Gathering Evidence
Your Los Angeles disability discrimination Attorney will gather the documents and evidence you have after you and them have decided on a course of action. This includes a timeline of events, any SMS messages, emails, or other recorded exchanges, and your employee file, if available.
2. Reporting Your Boss To The DFEH Or EEOC
Your California employment lawyer will prepare and submit a complaint at that time. This complaint outlines the essential details of the case, including who was at fault, the circumstances of your claim, and the verdict.
3. "Serving" Your Employer
Your Los Angeles disability discrimination attorney must "serve" your employer with the complaint. You will have one year since permission to sue is granted.
Your employer must now respond. When the discovery process begins, your employer will undoubtedly want to have the lawsuit dismissed by denying responsibility.
4. The Discovery Stage
Your workplace disability attorney in California and the opposing counsel exchange evidence during the discovery phase. Your lawyers can ask you questions, questions the state must respond to (form interrogatories), ask the opposite side to concede specific facts, and ask for supporting documents.
Depositions, which are sworn interviews, are also taken at this time, and you will be accompanied by your disability discrimination Attorney in Los Angeles.
5. Deciding On A Settlement Or Going To Court
Most settlements occur after discovery when your disability discrimination lawyer has a solid idea of where your case stands.
Both attorneys will participate in employment mediation and required settlement conferences with a judge to determine whether a pre-trial settlement is possible. Your case will go to trial if this fails.
Find A Prescreened California Disability Discrimination Attorney
1000Attorneys.com is an established online Lawyer Referral Service that refers you to a workplace disability attorney in California. You may contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.
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