Frequently Asked Questions
Getting Started
What should I do immediately after being fired?
The most important thing to do is preserve evidence before you lose access. Employers routinely lock terminated employees out of their work emails, messaging systems, and internal platforms within hours of termination. If you have emails, messages, or documents showing complaints about discrimination or illegal practices, requests for accommodations, or performance records, save or forward them to your personal email or device before that access is gone. Do not sign any severance agreement until you have spoken with an employment lawyer because once you sign, you may be waiving rights you did not know you had. Contact our Employment Lawyers as soon as possible. When you speak with us, we will guide you on what additional steps to take to protect your case.
How do I know if I was wrongfully terminated?
California has some of the strongest employee protection laws in the country, but the line between what is unfair and what is illegal is not always obvious. Not every difficult workplace situation rises to the level of a legal claim, but if you have been fired, demoted, harassed, or treated differently work because of a protected characteristic (please see our practice areas pages for protected groups), we recommend calling our employment attorneys for a free consultation. There is no obligation, and the worst that can happen is that you leave with a clearer picture of where you stand.
How long do I have to file a claim in California?
In California, the deadlines to file an employment claim (known as statutes of limitations) are strict and vary depending on the type of claim. For most wrongful termination claims, you have two years to file a complaint with the Civil Rights Department and then one year to file your lawsuit, but other claims may have shorter deadlines. Missing a deadline can mean losing your right to pursue a claim entirely, regardless of how strong your case is. If you think you may have a claim, do not wait. Contact us as soon as possible so we can evaluate your situation before any deadlines pass.
Working With Our Employment Lawyer
How much does an employment lawyer cost?
We work on a contingency fee basis, which means you do not pay anything in attorney’s fees unless we recover money for you. Our fee then comes as a percentage of your recovery. If we don’t win, you owe us nothing in fees. We do however advance costs on your behalf (court filing fees, deposition costs, expert retainers, etc.) and in the rare circumstance where a case does not result in a recovery, costs may be owed, but in practice this virtually never happens. This means that regardless of your financial situation, you can have an experienced employment lawyer represent you.
What happens during the free consultation?
During the free consultation, you will speak directly with an attorney (Christa Riggins). I will listen to what happened, ask questions to better understand your situation, and give you an honest assessment on whether you may have legal claims. My goal during the consultation is not only to fully understand the relevant facts of your case, but to make sure you leave our call with some clarity, whether that means beginning our working relationship together, pointing you in the right direction, or simply giving you the information you need to decide your next steps. The consultation is completely free and carries no obligation. Whatever you share is protected by the attorney-client privilege, so you can speak openly and honestly.
How will you communicate with me during my case?
You will work directly with me, Christa Riggins, throughout your case. I will keep you updated on any significant developments, respond to your calls and emails promptly, and make sure you always know where your case stands. There may be times when I contact you less frequently – for example, once I have been given every relevant document, discovery is complete, or the case has been thoroughly litigated and we are waiting for trial – but that does not mean nothing is happening on your case. Employment cases can take time, so slow periods are normal. If you ever have a question or need reassurance, please do not hesitate to call or email. You and your case are a priority, and it is important to me that you know I am working hard for you and available when you need me.
Will I have to do anything, or do you handle everything?
Employment cases require teamwork between the attorney and client. While I will handle the legal work – drafting and filing documents, communicating with opposing counsel, developing legal strategies, and representing you in court – your participation is essential to building the strongest case possible. For that reason, I will ask you to provide me with all relevant documents – emails, performance evaluations, pay records, text messages, etc. – and ask that you stay available to answer questions as your case progresses. Additionally, depending on how far your case progresses, you may need to testify in a deposition, attend a mediation, and/or undergo a psychological examination if your case involves severe emotional distress. I will always explain what I need and why and will do my best to make the process as straightforward as possible.
What to Expect
How long does an employment case take?
Every case is different, but most employment law cases in California resolve within one to three years. Cases that settle early in the process can resolve in a matter of months, while cases that proceed to trial naturally take longer. The timeline depends on many factors, including the complexity of your case, the willingness of your former employer to negotiate in good faith, and court availability. We always work to resolve cases as efficiently as possible and will never pressure you into a quick settlement that does not fairly compensate you for what you have been through. Our goal is the best possible outcome for you, not the fastest one.
Will my case go to trial?
Most employment cases do not go to trial. In fact, according to a recent statistical report, fewer than 1 in 800 civil cases ever reach a jury trial (that is less than one-tenth of a percent). This means the vast majority of cases are resolved through negotiation, settlement, or dismissal before our clients ever have to step foot in a courtroom. However, because some cases do go to trial, we ask that our clients be committed to seeing their case through, no matter how long it takes.
Will I have to testify?
It depends on how far your case progresses. In most employment cases, you will be required to sit for a deposition, where your former employer’s attorney will ask you questions under oath about your employment, termination, and the impact of these experiences on your life. Depositions are usually remote these days but are sometimes still held at an attorney’s office with a court reporter and videographer who record the proceedings. While depositions may feel intimidating, I will prepare you thoroughly beforehand, so you will know what to expect. If your case goes to trial – which we have discussed is rare – you will need to testify in court as well. I will always let you know well in advance if and when your testimony will be needed, and we will prepare together so that you feel confident and ready.
What is my case worth?
This is a common question, but difficult to answer,, especially early on in a case. The value of an employment case depends on several factors, including the strength of the evidence, the nature and severity of the wrong, and the damages you have suffered.
For example, if you are in possession of an email from your supervisor saying “you’re a great employee, but it’s not the best time because you’re pregnant” – this is very strong evidence (we call it direct evidence) of discrimination. Conversely, if most of your evidence is circumstantial (suspicious timing, tangential comments, explanations from the employer that don’t add up), more of it is needed to build a strong case. And, even when the evidence is strong, the value of your case may be influenced by how quickly you found a job and whether you sought mental health treatment.
For a frame of reference, one publication compiles publicly available information on the “Top Labor & Employment Settlements in California” each year. In 2024, settlements ranked between 30 and 100 were for $1,000,000 down to $125,000. While some cases in the top 30 produced multi-million-dollar verdicts, many of those cases involved class actions rather than individual plaintiffs, and outcomes at that level remain the exception.