How to Choose an Employment Lawyer in California
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Why Choosing a California Employment Lawyer Is Different From Hiring Any Attorney
Choosing an employment lawyer in California matters more than in most states because California’s Fair Employment and Housing Act (FEHA) covers employers with as few as five employees, far below the federal floor of fifteen under Title VII or twenty under the Age Discrimination in Employment Act. A worker at a seven-person company has full state-law protections that a federal-only attorney may not even recognize. The right lawyer understands which of several simultaneous deadlines is running on your claim, which agency to file with, and what procedural choices cannot be undone once made.
FEHA's Five-Employee Threshold: Why It Changes Everything
Federal anti-discrimination law leaves millions of California workers unprotected simply because their employer is too small. Government Code § 12960 triggers FEHA’s protections at just five employees. Under the regulations adopted by the California Civil Rights Department (CRD), part-time employees, employees on paid or unpaid leave, and employees located outside California all count toward that five-person threshold. A landscaping company with three full-time workers and three part-time weekend employees meets the threshold. Title VII would not touch that employer. FEHA does.
A lawyer who practices only in federal court may look at that employer and tell you honestly that no federal claim exists. That answer is correct and incomplete. It misses the state claim entirely. When you are evaluating whether to hire a particular attorney, ask directly: do you handle FEHA claims in California state court? If the answer is hesitant, keep looking.
For a broader overview of the protections available to California workers, the firm’s California Employment Law Guide covers wages, harassment, wrongful termination, and related topics.
The Deadlines a Good Lawyer Will Catch Before You Lose Your Right to Sue
Multiple deadlines run simultaneously and independently when a California worker has been discriminated against, harassed, retaliated against, or denied wages. Missing any one of them can permanently bar your claim regardless of how strong the underlying facts are. An experienced California employment attorney will map every applicable clock on the first day of representation.
The Deadline Table Every California Worker Should See
Claim Type | Agency or Court | Deadline | What Starts the Clock
|
|---|---|---|---|
FEHA discrimination, harassment, or retaliation | CRD (state) | 3 years | Last unlawful act (Gov. Code § 12960) |
Civil lawsuit after CRD right-to-sue notice | California state court | 1 year | Date CRD issues right-to-sue notice (Gov. Code § 12965) |
Group or class FEHA complaint: CRD must issue right-to-sue | CRD (state) | 2 years (outer limit) | Date complaint was filed (Gov. Code § 12965(c)(1)(B)) |
Federal discrimination charge (EEOC) | EEOC (federal) | 300 days | Last discriminatory act (California extended period) |
Federal lawsuit after EEOC right-to-sue notice | U.S. district court | 90 days | Date EEOC issues right-to-sue notice |
Unpaid wages, overtime, meal and rest break violations, expense reimbursement | California state court | 3 years | Date of violation (CCP § 338) |
Wage claim based on oral promise | California state court | 2 years | Date of violation (CCP § 339) |
Wage claim based on written contract | California state court | 4 years | Date of violation (CCP § 337) |
Notice that the state and federal tracks are entirely separate. A worker can preserve both simultaneously, but doing so requires correctly filing with both the CRD and the EEOC within their respective windows. A competent California employment attorney will manage both timelines and advise you on whether pursuing both tracks serves your interests.
The CRD Process Trap: What "Filing" Actually Means When You Choose an Employment Lawyer
One of the most common and costly mistakes workers make is completing the CRD intake form online and believing their rights are now protected. They are not. The intake form is not a verified complaint and does not satisfy the administrative exhaustion requirement under Government Code § 12960. The California Court of Appeal confirmed this distinction in Cole v. Antelope Valley Union High School District (1996) 47 Cal.App.4th 1505, 1515: only a verified complaint filed with the CRD satisfies the exhaustion requirement necessary to bring a civil lawsuit.
Workers who discover this error after the three-year filing deadline has passed have no remedy. The claim is gone. An attorney you hire before that deadline will ensure that a verified complaint, not just an intake form, is actually on file with the CRD.
There is a second, related trap. Under Government Code § 12965, a worker may request an immediate right-to-sue notice from the CRD, bypassing its investigation entirely. That option can be strategically valuable when you want to move faster. But it is a one-way door: once the CRD issues an immediate right-to-sue notice, it closes its investigation and will not reopen it. The CRD’s investigation can sometimes produce evidence and findings that strengthen a later civil case. Opting out of it without legal advice is a decision that cannot be reversed. Ask any attorney you are considering whether they have handled this procedural choice before and how they approach it.
State Court, Federal Court, or Both: Which Track Should Your Lawyer Be Pursuing?
California workers with discrimination or harassment claims have two parallel options: a FEHA claim through the CRD leading to California state court, and a Title VII or ADEA charge through the EEOC leading to federal district court. These tracks have different agencies, different deadlines, and different lawsuit windows after a right-to-sue notice is issued.
- FEHA track: File verified complaint with CRD within 3 years of the last act. After the CRD issues a right-to-sue notice, file in California state court within 1 year.
- Federal track: File charge with the EEOC within 300 days of the last act (California’s extended period applies because the state enforces anti-discrimination law through its own agency). After the EEOC issues a right-to-sue notice, file in federal court within 90 days.
- Class or group complaints under FEHA: The CRD must issue a right-to-sue notice no later than two years after the complaint was filed under Government Code § 12965(c)(1)(B).
The CRD has 150 days after a complaint is filed to decide whether to bring its own civil action. If it does not act within that window, or decides earlier that it will not file suit, it must notify the complainant and offer to issue a right-to-sue notice on request. Workers do not have to wait the full 150 days if they choose to request an immediate notice, but that decision has the consequences described above. The right attorney will advise you on whether to pursue state court, federal court, or both, and will manage the timelines for each.
Workers whose claims involve patterns of employer conduct affecting multiple employees should also understand when a class action may be the more effective path. The firm’s page on California Employment Class Action Lawsuits explains how that process works and what it requires.
What Kind of Claims Should the Lawyer Actually Handle?
California employment claims fall broadly into two families, each with its own procedural path and agency. An attorney who is expert in one may be less experienced in the other.
- Discrimination, harassment, and retaliation claims under FEHA: These go through the CRD, require a verified complaint, and lead to state court or, via EEOC dual-filing, to federal court. They cover protected characteristics including race, sex, age, disability, religion, national origin, and others enumerated in the statute.
- Wage and hour claims under the Labor Code: These cover unpaid minimum wages, overtime, meal and rest break violations, illegal deductions, and unreimbursed expenses. They follow a separate limitations period under Code of Civil Procedure § 338 and do not require CRD exhaustion.
Workers with overlapping claims need a lawyer experienced in both families. A common example: an employee reports to management that coworkers are not being paid for off-the-clock work and is fired two weeks later. That worker likely has both a wage claim and a retaliation claim under FEHA. The two claims travel on different procedural tracks with different deadlines. Missing the CRD filing deadline for the retaliation claim does not affect the wage claim, and vice versa, but only an attorney who handles both will manage each track correctly.
Workers in industries where cannabis use and employment protections intersect should also verify that any attorney they are considering understands California’s specific rules in that area. The firm’s article on cannabis use and employment in California outlines the current legal landscape.
Questions to Ask When You Choose an Employment Lawyer (The First Call)
- Do you handle FEHA claims in California state court? Confirm state court experience, not only federal practice.
- Have you filed complaints directly with the CRD, and how do you handle the intake form versus verified complaint distinction? An experienced attorney will know this distinction immediately.
- Do you handle wage and hour claims, or only discrimination and harassment cases? If you have both types of claims, you need a lawyer experienced in both.
- What is your assessment of which deadlines are running on my situation right now? A competent attorney can give you a preliminary deadline map at or shortly after the first consultation.
- Will you be pursuing both the CRD track and the EEOC track, or only one? Understand why the attorney recommends one approach over the other.
- How is your fee structured, and what out-of-pocket costs might I incur? Most California employment attorneys handle FEHA and wage claims on contingency, meaning no upfront fee, but ask specifically how expenses such as filing fees and deposition costs are handled.
- Have you handled cases involving employers of my size? An attorney unfamiliar with FEHA’s five-employee threshold may be unaware of claims available to workers at small businesses.
How Fee Arrangements Work
Most California employment attorneys who handle FEHA and wage and hour claims work on a contingency basis, meaning the client pays no attorney fee upfront. The fee is calculated as a percentage of any recovery. You should ask during your consultation how that percentage is set, whether it changes if the case goes to trial, and how litigation expenses such as filing fees, deposition transcripts, and expert costs are handled.
FEHA also contains a fee-shifting provision that allows a prevailing plaintiff to seek recovery of attorney’s fees from the employer. Your attorney can explain whether that provision applies to your specific claim and how it affects the overall fee structure. Never sign a retainer agreement without understanding every line related to fees and costs.
What This Means If You Are Ready to Take Action
If you experienced discrimination, harassment, retaliation, or wage theft at a California employer with as few as five workers, state law likely protects you even if a federal claim would not exist. The single most time-sensitive step is confirming which deadlines are running on your specific situation right now, because the CRD’s three-year window and the EEOC’s 300-day window run from the date of the last unlawful act, not from the date you decide to act.
If you have already submitted a CRD intake form, confirm with an attorney immediately whether a verified complaint was actually filed on your behalf. That distinction has cost workers their entire case. The strategic choice of whether to request an immediate right-to-sue notice or allow the CRD investigation to proceed is one that cannot be reversed and should not be made without legal advice specific to your facts.
Frequently Asked Questions
My employer has only eight employees. Can I still sue for discrimination in California?
Yes. FEHA covers employers with five or more employees, and part-time workers and employees on leave count toward that number. Federal law would not cover this employer, but California state law likely does. Consult a California employment attorney to confirm coverage under your specific facts.
I submitted the CRD online form a year ago. Have I preserved my rights?
Not necessarily. Completing and submitting the CRD intake form is not the same as filing a verified complaint under Government Code § 12960. Only a verified complaint satisfies the administrative exhaustion requirement. If only an intake form was submitted, contact an attorney immediately to assess whether the three-year filing window is still open.
Should I file with both the CRD and the EEOC?
In many cases, yes. The CRD and EEOC have a work-sharing agreement and cross-file charges, but the procedural consequences of each filing differ. Whether to pursue both tracks, and when to request a right-to-sue notice from either agency, are strategic decisions that depend on your specific claim type and timing. An attorney should advise you before you make either filing.
How quickly do I need to contact a lawyer?
As soon as possible. The EEOC’s 300-day window and the CRD’s three-year window run from the last unlawful act, and wage claims under Code of Civil Procedure § 338 run from each individual violation. Waiting does not pause any clock. Even if you believe time remains, an attorney can confirm which deadlines actually apply and catch any you may have overlooked.
What if I have both a wage claim and a discrimination claim?
Each claim type follows its own procedural path and statute of limitations. A FEHA discrimination claim requires CRD exhaustion; a wage claim under the Labor Code generally does not. You need an attorney who handles both, or you risk one claim being properly litigated while the other is missed or mishandled.
Contact Setareh Law Group: If you believe your rights as a California employee have been violated, the attorneys at Setareh Law Group are available to evaluate your claim. Contact the firm to schedule a consultation. No recovery, no fee on qualifying cases.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This article provides general legal information about California employment law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change, and individual circumstances vary significantly. Do not rely on this article as a substitute for consultation with a licensed California employment attorney about your specific situation.
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