Los Angeles Employment Attorney: What Employers Must Know

Common Employment Claims Against California Employers

Employment claims don’t come out of nowhere. They often follow a pattern, a disgruntled employee, a missed paycheck, a failed investigation, or even a vague policy that gets misinterpreted.

If you’re an employer in Los Angeles, it’s not enough to hope these claims won’t happen. You need to know exactly what the most common allegations are and how they take shape legally. Here’s what we see most often, and what you’ll be defending against if served.

1. Wrongful Termination

Wrongful termination suits typically allege termination for unlawful reasons, like whistleblowing, political activity, or refusal to break the law. You’ll need clear performance records and policy compliance to mount a defense.

2. Discrimination & Harassment

Claims under California’s Fair Employment & Housing Act (FEHA) (Gov. Code § 12940) or Title VII often start with a charge filed with the DFEH or EEOC. Protected categories include race, age, disability, gender identity, and more.

3. Wage & Hour Violations

Under Labor Code §§ 200–558.1, common issues include:

• Missed meal/rest breaks.
• Unpaid overtime.
• Misclassification of independent contractors.
• Inaccurate wage statements.

Class and PAGA actions (Lab. Code § 2699) can lead to millions in statutory penalties, even if only one employee filed the initial notice.

4. Retaliation

California law prohibits retaliation for engaging in protected activity, like reporting wage violations or discrimination. If your company lacks clear progressive discipline documentation, your defense weakens.

These are the minefields you’ll need to navigate from the outset. That’s why our next focus, how to respond quickly and strategically, can mean the difference between a nuisance claim and a multimillion-dollar judgment. Let’s look at what to do the moment an employment dispute lands on your desk.

Early Action Is Critical: Responding Strategically

Once a complaint or agency notice hits your inbox, the clock starts ticking. You can’t afford hesitation. Whether it’s a DFEH discrimination charge or a PAGA letter alleging systemic wage violations, your response must be fast, fact-driven, and legally sound. Below is the strategic triage we use to protect your position from day one.

Step 1: Triage The Threat

Did you receive a DFEH or EEOC charge, or a PAGA letter? These aren’t just complaints, they’re legal warning shots. You often have as little as 30 days to respond. We audit your records immediately, including handbooks, job classifications, and performance evaluations.

Step 2: Secure The Right Paper Trail

You’ll need:

• Signed arbitration or at-will employment agreements.
• Timecards, wage statements, and payroll records.
• Performance reviews and any warning memos.
• Internal investigation records, if harassment was reported.

Step 3: Consider Arbitration Or Mediation

If the employee signed an enforceable arbitration agreement, you may move to compel arbitration (Code Civ. Proc. §§ 1281.2, 1281.4). If not, we evaluate mediation. Under CCP § 1775, private mediation can often resolve high-stakes employment suits within 6–9 months.

Taking these steps quickly not only preserves your legal defenses, but it also signals to opposing counsel and the court that your business takes compliance seriously. Now that you’ve stabilized the situation, the next phase is building your defense. Let’s look at the legal tools and arguments that can shift the case in your favor.

A Los Angeles Employment Attorney Craft Defenses That Protect You

Once you’ve triaged the immediate threat and gathered the necessary records, it’s time to assess your legal defenses. These aren’t one-size-fits-all arguments. They’re strategic tools, each calibrated to limit liability, narrow discovery, or even dismiss the case outright.

Whether we’re arguing the enforceability of an arbitration clause or demonstrating wage compliance through meticulous payroll logs, your defense must be sharp, documented, and credible. Below are the most effective shields employers in California can deploy.

Arbitration Clauses

When enforceable under federal law and Labor Code § 432.6, these keep cases out of court and avoid class actions. However, recent changes under AB 51 and court rulings make enforceability tricky.

Classification Defense

Misclassifying an employee as “exempt” or “independent” can trigger wage violations, even if unintentional. We conduct forensic audits to ensure compliance with Labor Code §§ 515 and 226.8.

Good-Faith Conduct

If your HR records show prompt investigation, corrective action, and training, courts may reduce penalties, even if liability is found.

Together, these defenses form the backbone of your litigation strategy. But mounting a defense is only part of the equation. You also need to understand the civil litigation process you’re now facing step by step, so you can make informed decisions at every turn. Let’s break down what to expect next.

The Litigation Process For Employers

Understanding the roadmap ahead gives you the power to plan, not panic. Employment litigation in California doesn’t move in a straight line. It’s a maze of pleadings, discovery, motions, and often, settlement talks.

Knowing what comes next helps you budget time and resources, avoid procedural missteps, and stay ahead of plaintiff counsel. Here’s how the process typically unfolds when defending an employment claim.

1. Complaint or Notice Served – You’re named in a DFEH/EEOC or PAGA filing.
2. Response Filed – Typically within 30 days. May include demurrer or motion to compel arbitration.
3. Discovery – Employee lawyers will dig for violations. Be ready with handbooks, wage records, and more.
4. Dispositive Motions – If facts are strong, we file for summary judgment (CCP § 437c).
5. Settlement or Trial – Most cases resolve via mediation, often using a retired judge. Trials are rare but costly.

With the path ahead mapped, the question becomes: where are the traps? Litigation is filled with legal landmines technical violations that can cost you dearly if missed. Next, let’s look at the top mistakes employers make and how to avoid them.

What Gets Employers In Trouble

Even well-intentioned employers can walk straight into legal jeopardy by skipping critical steps or overlooking compliance gaps. In employment litigation, what you don’t know, or don’t document, can absolutely hurt you. Small administrative missteps often spiral into massive exposure once the plaintiff’s attorney starts digging.

Below are some of the most common, and most costly errors that trip up California employers.

Identifying these traps is only the first step. The next is proactively correcting the course before they become ammunition in court. That’s where preventative strategy comes in. Let’s explore the actions you can take now to fortify your business before the next complaint arrives.

Smart Moves You Can Make Today

The best time to prepare for a lawsuit is before one ever lands on your desk. Solid preventative measures don’t just reduce risk; they create leverage when litigation hits. Whether you’re a growing startup or an established business in Los Angeles, the following steps can put you in the strongest legal position possible.

No employer wants to think about losing in court but you need to know the consequences if it happens. A verdict against your business can mean financial penalties, policy overhauls, and reputational damage. But it’s not the end of the road.

California law offers several options post-trial to reduce exposure, shift costs, or appeal the judgment. Here’s what you should expect if the gavel doesn’t fall your way.

Even if the employee wins:

• You may reduce damages through comparative fault or mitigation.
• You may appeal under CCP § 904.1, or settle post-verdict.
• You may restructure policies to prevent recurrence and mitigate future claims.

Facing an adverse outcome doesn’t mean surrender, it means recalibration. With the right moves, you can recover, reposition, and prepare smarter for next time. And ideally, we never get to that point, especially if you capitalize on one of the strongest pretrial tools available: summary judgment.

Summary Judgment Can Be A Game-Changer

California courts permit summary judgment (CCP § 437c) when there’s no triable issue of material fact. If records prove:

• Legitimate reason for termination.
• Prompt and adequate harassment response.
• Meal/rest breaks were provided.

Then, you may avoid the trial entirely.

Seek The Help Of Los Angeles Probate Attorneys

If you’re an employer facing a workplace claim in California, don’t go it alone. These cases move fast, and one wrong move can cost you everything. We’ll help you understand your rights, respond strategically, and protect what you’ve built.

Whether you’re dealing with a wage dispute, harassment allegation, or retaliation claim, our team is ready to step in. We don’t just defend, we help you prevent future claims before they start. Your business deserves a clear, confident legal strategy.

If you’ve received a demand letter, agency charge, or civil complaint from a current or former employee, the worst thing you can do is wait. We’ll help you assess your risk, secure your records, and plan your defense fast. Schedule a complimentary case evaluation with Los Angeles Probate Attorneys today, and let’s take action to protect your business.