Frequently Asked Questions
How long does the entire process of pursuing a case take?
Every case is different and some are certainly more complex than others. The majority of our cases, from the discovery process to the time of resolution typically take from 6-12 months.
Was my termination illegal? My employer is telling me that I was an 'at-will' employee and I don’t really know what that means?
There are many factors that may have made your termination illegal that your employer has not revealed to you that you need a lawyer to analyze. Your employer cannot terminate you because of your age, gender, race, color, country you were born in, religion, disability, sexual orientation, complaints you made about safety or wage issues, complaints you made about how your employer harassed or discriminated against a co-worker and many other reasons. Also, if your employer made promises to you about you being employed unless they had a good reason to terminate you, you may have an implied agreement not to terminate you without good cause. While California is an "at will" state, there are literally hundreds of exceptions to this law that make it illegal to fire an employee. With our free evaluation, we can give you our opinion about whether your employer violated the law.
What if my former employee tries to hurt my credibility in my industry because I fought for justice?
It is illegal for an employer to retaliate against an employee because the employee has participated in enforcement procedures. This protection applies not only to current employees but also to former employees and applicants. In other words, it is even illegal for an employer to give a former employee a negative job reference because the employee filed a claim against them.
Am I protected if I complain about discrimination or some other wrongdoing by my employer?
You are protected if you sue your employer or former employer, testify at a hearing, or assist the government in an investigation. Moreover, you are legally protected if you have opposed discrimination. For example, an employee who complains to the employer about sexual harassment at work is engaged in protected opposition activity.
Do antidiscrimination laws protect only women and minorities?
No. Antidiscrimination laws in this state protect ALL California workers from employment decisions based on employee status (gender, ethnicity, age, religion, etc.). If an employer pays a female worker better wages than a male worker performing the same job, that employer may have discriminated against the male worker based on his gender. Similarly, if an Asian-American worker who misses three days of work is suspended but a Caucasian worker who misses three days of work is fired, then the Caucasian worker may have been discriminated against on the basis of race.
Do I have to have immigration paperwork to pursue a case?
Absolutely not. In the state of California, every individual has rights, regardless of his or her citizenship status.
Can an employer run a background check on an employee or potential new employee?
Background checks may be necessary for certain jobs. These include jobs involving security or trade secrets. Moreover, background checks help if the employer should later face a negligent hiring suit, and they should be done for any employee who interacts with the public, has access to homes, or has responsibility for the aged, the infirm, or children.
Checks should be made fairly and without bias and should comply with state and federal regulations. They should concern only issues relating to performance of the specific job. An employer that unnecessarily pries into private information or uses unreasonable methods to get data can be sued for invasion of privacy.
Do I have to have comprehensive records proving my case?
No. That is part of what Shegerian & Associates does for its clients to build each case. Any information or documentation you have may be helpful to the case, but even if you have no documents at all, the information we need to conduct the case will be obtained through pre-trial discovery.
How much will retaining representation from Shegerian & Associates cost me?
Shegerian & Associates works on a contingency basis. This means that we do not charge our clients any costs or fees until we have become successful for our client.