California employees who have been wronged in some way in the workplace by their employers can, in many cases, look to either state or federal laws for protection. The workplace in California is protected under both the state system of laws, rules, and regulations, and the federal system of laws, rules, and regulations. For example, plaintiffs claiming employment discrimination usually have the choice of suing under either Title VII of the Civil Rights Act of 1964 (“Title VII”) or the Fair Employment and Housing Act, (“FEHA”) and suing in either federal court or state court.
Because employment laws developed over time and come from different sources, there are significant differences between the protections afforded to an employee depending on which claims the employee chooses to pursue and which forum he or she chooses to pursue them in.
California employees who are considering making an employment law claim often wonder which option they should exercise. When it comes to employment law, there is never a one-size-fits-all solution. The answer is almost always dependent upon the specific facts and circumstances of the case. The best way to determine how to proceed, which claims to pursue, and where to pursue them, is with the help of an experienced employment lawyer in Los Angeles who can analyze the specific facts and issues. That being said, however, in most cases, the pursuit of a California employment law claim in the California court can be the better option as compared to the pursuit of federal employment law claims in federal court.
Some Details on California Employment Laws
In most cases, California’s substantive law provides greater protection to employees. For example, despite its similarity to Title VII, the FEHA usually offers employees greater protection and relief. Unlimited compensatory and punitive damages may be awarded for FEHA violations, whereas only limited damages are recoverable under Title VI. California employees are fortunate to have the protections of some of the most employee-friendly employment laws in the country. In many other states in our country, the protections afforded to employees under state law are practically nonexistent.
In most cases, California procedural law provides greater protection to employees. To win a civil jury trial in California state court, a plaintiff needs only 9 out of 12 jurors to rule in his or her favor. To win a civil jury trial in federal court, a plaintiff needs a unanimous jury. Other examples abound.
Contact Akopyan Law Firm, A.P.C.
Every lawyer at Akopyan Law Firm, A.P.C. is available to help clients in Glendale, Burbank, and Los Angeles with advice about employment law. We offer contingency fee-based services to employee clients and a complimentary case evaluation. We have recovered millions for our deserving clients in many cases. Contact us to learn more.