blog home Employment Law 101 How an Employee in California Can Sue Their Employer for Unlawful Conduct

How an Employee in California Can Sue Their Employer for Unlawful Conduct

By Malatesta Law on April 28, 2025

California is known for having some of the strongest employee protection laws in the country. However, unlawful conduct by employers—such as discrimination, harassment, retaliation, wage theft, or wrongful termination—still occurs far too often. If you’re an employee in California who believes your rights have been violated, you may have grounds to sue your employer. Here’s how the process typically works and what you need to know.

1. Identify the Type of Unlawful Conduct

Before you can take legal action, it’s important to identify what kind of unlawful behavior occurred. Common types of employer misconduct in California include:

• Workplace Discrimination – Discrimination based on race, gender, age, disability, sexual orientation, religion, or other protected characteristics under the Fair Employment and Housing Act (FEHA).
• Sexual Harassment– Unwelcome sexual advances, comments, or actions that interfere with your ability to do your job.
• Retaliation – Punishment for reporting illegal activity, filing a complaint, or participating in a workplace investigation.
• Wrongful Termination – Firing an employee for an illegal reason, such as reporting discrimination or retaliation or taking a lawful leave of absence.
• Wage and Hour Violations – Failure to pay minimum wage, overtime, meal and rest breaks, or misclassification as an independent contractor.

Once you understand the legal basis for your claim, you can begin preparing to take formal action.

2. Document Everything

Evidence is essential. Start by gathering:

• Relevant documentation
• Pay stubs, timesheets, or schedules
• Witness statements or names of coworkers who saw what happened
• Your employee handbook or employer policies
• Any written performance reviews or disciplinary notices

Keeping a written timeline of events can also be helpful when explaining your case to an attorney or agency.

3. File a Complaint with the Appropriate Agency

Depending on the type of unlawful conduct, you may need to file a complaint with a government agency before suing:

For Discrimination, Harassment, or Retaliation:

• File with the California Civil Rights Department (CRD) (formerly DFEH).
• You must obtain a Right-to-Sue Notice from CRD before filing a lawsuit in court.
• You generally have three years from the date of the unlawful act to file a CRD complaint.

For Workplace Safety Violations:

• Complaints may be filed with Cal/OSHA if your claim involves unsafe working conditions.

4. Obtain a Right-to-Sue Letter (When Required)

If you’re filing a discrimination or retaliation claim under FEHA, you’ll need a Right-to-Sue letter from the CRD. You can either:

• Let the CRD investigate the claim first, or
• Request an immediate Right-to-Sue notice so you can proceed directly to court.

Once you have the notice, you typically have one year to file a civil lawsuit.

5. Consult with an Employment Law Attorney

Before filing your lawsuit, it’s strongly recommended to consult with an experienced California employment law attorney. They can:

• Evaluate the strength of your case
• Help you gather additional evidence
• Ensure your claim is filed under the correct legal grounds
• Represent you in negotiations, settlement discussions, or in court

Many employment attorneys offer free consultations and work on a contingency fee basis, meaning you only pay if they win or settle your case.

6. File a Civil Lawsuit

Once you’ve met any pre-filing requirements, your attorney can help you file a complaint in state or federal court. This document outlines:

• The facts of your case
• The legal claims being made (e.g., discrimination, retaliation, etc.)
• The damages you are seeking (e.g., lost wages, emotional distress, punitive damages)

The legal process may involve discovery (fact-finding), depositions, mediation or settlement negotiations, and possibly trial.

7. What You Can Recover in a Lawsuit

If your lawsuit is successful, you may be entitled to compensation such as:

• Lost wages and benefits
• Compensation for emotional distress
• Reinstatement
• Punitive damages
• Attorneys’ fees and court costs

Final Thoughts

Suing your employer can be intimidating, but California law is on your side. Whether you’re facing harassment, discrimination, retaliation, or wage violations, you have the right to seek justice. With strong evidence, an understanding of the process, and the help of a qualified employment attorney, you can hold your employer accountable and protect your rights.