Discrimination Lawsuits and Cases
Discrimination lawsuits and cases of harassment, retaliation, whistleblowing and wrongful termination face many challenges in the recent business climate. Often, employers, usually large employers and large corporations, employ arbitration clauses which require an employee to pursue arbitrations instead of lawsuits. Our firm never recommends arbitrations, because they are far more expensive and the arbitration system is skewed towards employers. In this regard, plaintiffs pay one filing fee (between $370 and $1,000) for the complaint, and $60 for each motion heard. The fees are the same even if the court hears and decides ten motions or tries the case for four weeks (other than jury fees). But in private arbitration, the arbitrator is paid by the hour, so an hour hearing costs an hour of fees, usually at least $450/hour.
In regards to discrimination lawsuits, California has some protections for those forced to arbitrate their claims. For example, an employer has to pay the costs of the arbitrator in employment disputes, otherwise the arbitration agreement or arbitration clause in an employment agreement can be deemed unenforceable. However, the conservative US Supreme Court has validated the mandatory arbitration of claims and so many of these claims must go to private arbitration. It is also the firm’s experience that since the arbitrator is a human being, and humans tend to be more favorable to the person paying them (often repeatedly over many arbitrations), bias has the potential to skew the results.
Our firm has successfully had multiple arbitration agreements or clauses deemed unenforceable, but the fact is that an employer with a careful arbitration clause or agreement can usually force the client into a private arbitration.
Regarding discrimination lawsuits and cases, many workers do not understand the legal meanings of commonly used terms. For example, many potential clients describe horrific conditions where the employer, a manager, or supervisor, acts rudely, unfairly or is just plain mean, and they accurately describe the workplace as “hostile”. This is quite true in the common sense of the word. However, the legal sense is different in regards to labor and employment cases and lawsuits. A worker cannot sue an employer because they are mean or unfair, UNLESS the basis for being mean or unfair is something illegal, like discrimination or harassment based in large part on race, gender, religion, national origin, sexual orientation, disability, age (40 or over), marriage status, pregnancy, reporting a crime, refusing to engage in instructed illegal activity, etc.
So, in discrimination lawsuits and cases, it is the lawyer’s job to identify the issue or issues accurately and to assess the potential for liability. Our firm has over a quarter century of experience in most areas of worker discrimination, and we are aggressive in seeking fair compensation for illegal activities.
If you have a case and possible lawsuit similar to these, contact Ken Ralidis at 213.251.5480 today to see how he can help you get the compensation you deserve. We have often obtained results for our clients that are 10-25 times what the initial offer was. Don’t just settle for any attorney that may not have the experience, or a big law firm that doesn’t have the time or resources for a case like yours. Reach out to Ken Ralidis for his experience and the personal attention he offers. We can help you win your case!