Do employment cases in California always go to court?

Most major employment cases require that a lawsuit be filed at court. But some workplace disputes may sometimes be resolved even before a lawsuit is filed. There is no guarantee the employer will take the case seriously if no lawsuit is filed.

Few employment cases that are filed at court actually go to trial however. Workers and employers often prefer to decide matters outside of court, such as by negotiation, settlement or other forms of alternative dispute resolution, because it can be faster and less stressful than a trial. After the case is filed at court, the parties engage in a lengthy “discovery” process during which they exchange documents and question witnesses outside of court. At the end of the discovery process the parties will have a good idea of the strengths and weaknesses of the case. Based on this knowledge, an experienced employment attorney can advise the client what their case is worth.

Certain California employers ask workers to sign arbitration agreements as a condition of their employment. Such agreements, which are common in the tech industry, may require disputes to be resolved in private arbitration rather than in court. While both California and federal law affect how arbitration agreements are enforced, they can have a significant impact on how a claim is decided. A trial jury is more likely to give a large award than an arbitrator. Nonetheless, many plaintiffs are able to obtain good results in arbitration if the case is strong.

Every situation is different. Whether a case ends up in court depends on the facts, the type of claim involved and any agreements that affect how disputes must be resolved. Speaking with an employment lawyer can help you understand the likely path of your case and what to expect.