Filing a Claim Against an Employer - An Introduction to Employment Lawsuit

What is the Statute of Limitation for Bringing an Employment Lawsuit? The Statute of Limitation for bringing an employment lawsuit in California is three years from the time the negligent act or conduct occurred. The same applies to personal injury claims. For wrongful termination claims, the statute of limitation may run from thirty days to three years from the date of the event. For other claims, the Statute of Limitations may run from one year to ten years from the date of the incident. If you file a wrongful termination or personal injury claim, it may be due to a number of different reasons.

For an employer, the Statute of Limitations in California allows them to be defended against claims of discrimination. This is because employment is deemed to be 'employment' even if an employee is working under a contractual arrangement. Similarly, it allows them to be defended against claims of sexual harassment based on sexual orientation, gender, race or religion. It may also apply in situations where you have been unfairly dismissed or had your right to work terminated because of your disability.

In addition to allowing you to pursue your wage and hour lawsuit, if the court does not grant you the damages you are seeking, you can also ask the employer to pay your wages and other wages lost as a result of the employer's negligence. If the employer has failed to make your compensation entitlement after an accident or any other event that causes you to miss work, the employer may be liable for punitive damages. For example, if you are injured on the job, the employer may be liable for punitive damages that equal the cost of your missed wages. It may also apply in the case of wages lost due to illness, vocational school, college or university tuition, childcare expenses, and so on.

You may also be able to sue your employer for breach of contract and/or discrimination. This claim will only apply if you have suffered a direct discriminatory action, like being made to move to another department or work zone, being passed over for promotion, or being harassed in the workplace. Another way to sue is to claim negligence. For example, if you have fallen and broken a leg on the job, or if you tripped and broke your ankle while running, you can file a claim for these damages. Employers are required to properly maintain their premises, and they must provide reasonable accommodations for disabled persons, including restroom facilities and ramp access. Click here to get the top rated California Compliance Solutions. 

The next California employment law claim topic to address is negligence per se. This area addresses issues of strict liability-if the employer commits negligence, the defendant is held legally responsible. While the plaintiff does not have to prove actual damages here, the court does require it to establish a causal relationship between the conduct and the injury. An employee who is injured on your property or at your work site can file this claim against you as well.

If you feel that you have suffered injuries or have been affected by an employer's wrongful or negligent actions, you should consult a skilled labor attorney in the Los Angeles area. He or she will be able to provide you with the best advice available regarding the best course of action in pursuing such claims. To learn more about this litigation method, contact a skilled labor litigation attorney today. You may also want to read more about the California Workers' Compensation Act. Check out this related post https://en.wikipedia.org/wiki/Compliance_training to learn more about compliance training.