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When pursuing an Orange County work discrimination case, many employees make common mistakes that can weaken their claims or even prevent them from obtaining the justice they deserve. Here are the key mistakes to avoid.
One of the biggest mistakes is failing to document instances of discrimination. Detailed records are crucial to proving your case. Whenever discrimination occurs, write down the date, time, location, what was said or done, and who was involved. If there are witnesses, note their names as well. Keep copies of any relevant emails, messages, or other communications that support your claim. Without proper documentation, it can be challenging to prove that the discrimination occurred.
Time is of the essence in a wrongful discrimination case. There are strict deadlines, known as statutes of limitations, for filing a claim with the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD). When filing with the EEOC, you have just 300 days from the date of the discriminatory act to file a claim. Whereas, the CRD allows three years. If you receive a right-to-sue notice from the CRD, you have one year to file a lawsuit but only 90 days if you receive it from the EEOC. Meeting these deadlines is crucial to preserving your right to seek legal remedies as waiting too long can result in your claim being dismissed.
Most companies have procedures in place for handling discrimination complaints. Failing to follow these procedures can hurt your case. If you experience discrimination, report it to your supervisor, HR department, or another designated person within your organization. If your employer has an internal grievance procedure and you don’t use it, your employer might argue that they were not given the opportunity to address the issue before it escalated.
It’s natural to want to talk about your experiences. However, discussing your case publicly, especially on social media, can backfire. Anything you say can be used against you by your employer’s legal team. They might take your comments out of context or use them to discredit your claims. To protect your case, limit conversations about it to your lawyer and trusted individuals.
Wrongful discrimination cases can be complex, and the legal process is often confusing and overwhelming. One of the biggest mistakes you can make is not consulting an Orange County Employment Law Attorney early in the process. A skilled lawyer can help you understand your rights, evaluate the strength of your case, guide you through filing a complaint, and represent you in negotiations or court. With legal representation, you will significantly increase your chances of success.
Employers may offer a quick settlement to resolve the case swiftly, especially if they know they are at fault. However, accepting a settlement without legal advice can be a mistake. The initial offer might be much lower than the amount you are entitled to. An Orange County wrongful termination lawyer can negotiate on your behalf to ensure you receive fair compensation for your damages, including lost wages, emotional distress, and other harms.