When your employer fires you, targets you after a complaint, or allows discrimination to continue, figuring out what to do next can feel hard. You do not have to navigate the legal system alone. At Spiegelman Law PC, Samson Spiegelman primarily represents LGBTQ+ workers and helps you understand your rights and pursue justice throughout California.
Determine Whether You May
Have a Case
Start by looking at what happened and why you believe your employer’s conduct was unlawful. California employees have several protections against workplace discrimination, harassment, retaliation, and certain forms of wrongful termination.
For example, you may have a potential claim if your employer treated you differently because of your sexual orientation, gender identity, gender expression, race, disability, or another protected characteristic. You may also have rights if you face retaliation after reporting harassment.
You don’t need to diagnose your own legal case. Samson can listen to what happened, examine the circumstances, and help determine whether the facts may support an employment claim.
Collect Documentation Related to What Happened
Evidence can become extremely important when you challenge an employer’s version of events. Save relevant documents you already lawfully possess, including:
- Emails and text messages
- Performance evaluations
- Disciplinary notices and write-ups
- Pay records
- Employment agreements and policies
- Complaints you made to HR or management
- Responses to your complaints
- Termination or resignation paperwork
- Severance agreements
You can also create a timeline while events are still fresh in your memory. Note what happened, when it happened, who was involved, and whether anyone witnessed it. But be careful about taking confidential company information or secretly recording workplace conversations because California requires “two-party consent”, meaning both you and the person(s) you are recording must agree to be recorded.
Talk to Samson Before Making
Major Decisions
You may be tempted to quit, confront your employer, post publicly about what happened, or sign whatever paperwork HR puts in front of you. Those decisions can potentially affect your case.
Before you do anything, talk with Samson early to understand your options. If you’ve received a severance or termination agreement, having it reviewed can be important. These agreements may contain releases requiring you to give up legal claims in exchange for severance pay. Spiegelman Law can help you understand what you’re being asked to sign first.
File the Appropriate Administrative Complaint
An employment lawsuit does not always begin in court. Depending on your claims, you may first need to complete an administrative process with an agency such as the California Civil Rights Department or the Equal Employment Opportunity Commission. There are specific deadlines for when you can file these, and waiting too long can jeopardize otherwise valid claims.
You don’t have to figure out the procedural maze yourself. If Spiegelman Law takes your case, Samson can guide you through the process, explain what needs to be filed, and keep your claim moving forward.
Prepare and File Your Lawsuit
Once the preliminary requirements have been satisfied, the next step may be filing a lawsuit against your employer. A complaint generally identifies the parties, explains the relevant facts, states the legal claims being asserted, and describes the relief being sought. Your employer then has an opportunity to respond.
From there, the case may involve exchanging evidence through discovery, taking depositions, negotiating with your employer, participating in mediation, filing or opposing motions, and, when necessary, preparing for trial. Samson will help you understand what is happening and what is expected from you rather than leaving you to navigate an unfamiliar legal system on your own.
Hire Samson to Be Your Gay Lawyer!
Taking legal action against your employer can feel intimidating, but you won’t have to figure out the process by yourself. Samson Spiegelman founded Spiegelman Law PC to give queer and trans workers a lawyer who understands their experiences and helps them navigate a sometimes-hostile legal system. From evaluating your claim to pursuing a resolution, Samson will guide you through the entire process.
Your employer may have substantial resources to spend fighting a claim, but that shouldn’t determine whether you can stand up for your rights. For qualifying cases, contingency clients pay no fees until we win. This helps level the playing field by allowing you to pursue your case without trying to outspend your employer. Contact Spiegelman Law today for a case review.
Ready to Talk to Samson?
Fill out the form below and Samson’s office will follow up to schedule your free consultation.
