Why do I need an attorney to settle a business litigation matter?
A business litigation attorney can guide you through the process of resolving a business dispute based on applicable laws. An attorney can often identify ways to resolve a dispute quickly, without the case proceeding to a lawsuit or trial matter. A business litigation attorney can also explore resolution methods while building a case that will be strong enough to stand up in court should that be the result.
What documents should I bring with me to a business litigation consultation?
When you first meet with an attorney, it is helpful to have a timeline of events. What happened, when, and who was involved. Creating this timeline is also helpful when gathering documents related to the case. Gather any related contracts, correspondence between you and the other party (text, emails, etc.), photographs, and any contact information for parties or witnesses as applicable.
If I have been harassed at work and file a complaint, will my lawyer make me quit my job?
Every employment law claim is different. Generally, lawyers will not encourage you to quit your job unless you are in danger. In some cases, quitting your job before or during the claims process can make it more difficult to prove your case.
I have a minor years-old criminal record, will that affect my claim against my employer?
Your past criminal record will not prevent you from filing a claim against your employer, and may not have a direct impact on your case. However, you should always be upfront with your lawyer about your record. You can guarantee that the other party’s lawyers will review your history. Making sure that your lawyer knows in advance helps him or her do their job to the best of their ability.
How long do discrimination claims usually take to resolve?
Employment law claims, including discrimination claims take a long time. These cases require a careful review of laws and policies. In California, employment law cases usually take around one year to resolve. Cases that are higher-value, or are more complex may take two years or longer. Ultimately, it depends on the case.
I want to file a sexual harassment claim against a co-worker. Do I also need to file criminal charges?
Talk to your workplace harassment lawyer about your case. Some harassment crosses the line into criminal activity, especially if there was a physical assault. Sexual harassment that includes physical attacks, stalking, threats, or other crimes may constitute criminal charges.
What information must I provide when I file a civil rights complaint?
The Office for Civil Rights (OCR) offers a Civil Rights Discrimination Complaint Form Package that you will fill out. When completing this package, or when writing a standalone complaint, you must include the following information:
- Name, address, telephone, and email address
- Name, address, telephone, and the agency or organization of the individual you are filing a claim against
- A brief summary of what happened
- How, when, and why you believe your civil rights were violated
- Your complete signature and the date you filed the complaint
How much time do I have to file a civil rights claim?
In California, the statute of limitations for filing a civil claim is three years for claims against individuals. The statute of limitations is one year for claims against the government. It is important to act quickly when filing a claim, as these cases are complex and generally take one year or longer to resolve.
Prior to beginning a lawsuit against a government agency, all potential litigants need to adhere to California’s Tort Claim Act. This means written notice must be given within six months of the injury or discovery of the injury before filing an actual lawsuit because this gives the government agency time to settle the claim.