Filing Your Claim at California Labor Commissioner
Call Today for a Free Consultation
The California Labor Commission was established to adjudicate employment and labor law violation claims. As an employee in California, if you have been discriminated against at the office or if you were deprived of your rightful compensation and other labor law benefits, then you can claim damages against your employer by filing a discrimination lawsuit in court or filing employee violation claims with the Commission. As a rule, the Commission can hear and resolve issues relating to compensation claims, investigate discrimination instances and public works complaints and enforce Labor Code statutes and other federal and California discrimination and retaliation laws. If you want to pursue your employment or labor law claims against your erring employer, you can file your complaint with the Commission and ask the latter for help in investigating your claims.
In planning to decide whether to file your claims with the Department or pursue your case in the regular courts, you should be aware of the pros and cons in choosing the venue where you are going to file your action. On one end, proceedings in the Department are more simple and more direct. This means that strict rules of evidence are not followed. Also, fees are smaller and less costly in terms of legal fees and costs of suit. The other side of it is that some say that more complex cases should be filed directly with superior courts because judges are more knowledgeable with more complex employment and labor law violations than labor commissioners or adjudicators. In any event, decisions of the Labor Commission can be nullified by the superior courts and the actual proceedings don't have binding weight when you later decide to again file claims with the superior court.
The foregoing considered, if you really need to file employment and labor law claims in California, the best thing to do is seek legal help from MELG Law Firm’s expert California Labor Commission Attorneys who have decades of experience in settling employment and labor law matters.