San Diego Employment Law Case Process

California Employment Law Case Process

1. Free consultation: Every Case starts with a simple call. Taking that first step is often the hardest part, but it shouldn't be. At M&A Law Offices, we always offer a free consultation to hear about your case and see if we can help.  

2. Employee File: Once an engagement agreement has been signed, we dive in and get to work. This all starts with sending a demand for your employee file from your former employer. By law, the employer must promptly produce your employee file when requested.  

3. File Review: After we receive your employee file, we will review it thoroughly and determine if it contains any documents that helps or hurts your case.  

4. Demand Letter: With your assistance, we write a narrative timeline of your claims. We then use the narrative to draft a complaint, which is the document we file, with the court to start a lawsuit. After your complaint has been drafted, we will send your former employer a demand letter, requesting a response by a specific date. We attach your full complaint to the demand letter, letting them know that we are ready to go to court if they do not respond. 

5. Settle or File: At this point, it is up to your former employer to decide whether they will settle your claim or force your case to proceed in court. If they decide to settle, we will negotiate the best possible outcome for you. However, if they do not settle, we will file our complaint and the lawsuit will begin. 

6. Written Discovery: After the case is filed, the next phase is the discover phase. This is the formal process of exchanging information between both sides about the facts of the case, potential witnesses, and other evidence supporting your claims or the employer's defenses.  

7. Depositions: Discovery also includes depositions of the employee and representatives of the employer. A deposition is where a person's oral testimony is provided under oath with a court reporter present to take down their responses. Usually depositions occur in a less formal setting than a court room, like a conference room at a law firm. Due to recent COVID restrictions, depositions are now being conducted remotely using Zoom and other platforms. 

8. Resolution: As the case proceeds through litigation, there are still opportunities to reach a settlement. Sometimes after more evidence has been exchanged through written discovery and depositions, the parties are in a better position to evaluate their own risks, which can make settlement more appealing. Sometimes settlements can be negotiated between the attorneys for the parties, and at times it is necessary to enlist the help of a mediator, or a settlement conference judge. 

9.Trial: If the case does not resolve, the final step is trial where the parties present their claims before a jury who will determine the outcome. While trial involves risks to both sides, M&A Law Offices works tirelessly to prepare each case for trial to ensure the best possible outcome.