Vincent W Davis

Employment Lawsuits and Arbitration

We file Employment Lawsuits Against Employers for EMPLOYEES

We file Employment Lawsuits Against Employers for EmployeesIf you live anywhere in California and are not being properly compensated for the hours you work, or you are routinely being paid “straight-time” when you are legally entitled to overtime, you may be able to seek recovery through a civil lawsuit against your current or former employer. The California employment attorneys at Vincent W. Davis & Associates work exclusively for employees (plaintiffs) against employers.

Suing employer for unpaid wages, overtime, & other employment matters

The process by which an employment attorney from Vincent W. Davis & Associates can assist you to file a civil suit against your employer often —but not always— goes something like this:

File lawsuit — In many cases we draft and then file legal complaint for you with the courts. The complaint is essentially a compilation statement from you outlining the case fundamentals. The complaint names you as the plaintiff and your employer as the defendant.

The defendant answers your complaint— After the complaint is filed, your employer is served a copy of the complaint. If your employer is large they likely have an attorney on staff or retainer. If your employer is smaller, they will need to locate and hire an attorney as significant expense to answer the complaint. In either case, the employers’ attorney may attempt to reach out to us to negotiate, and will answer in writing to your complaint (by filing their “answer” with the court). This is sometimes referred to as the defendant’s first pleading.

Case discovery — In the case discovery phase, the plaintiff and defendant both gather statements, provide various testimony under oath and often exchange any supporting documents that might be requested by either party. NOTE: At any point along this process, the defendant or defendant’s attorney may make offers to settle before their costs escalate and a courtroom confrontation looms where they envision their chances to rebuff your claims as “slim.”

Settlement or court — Following the answer (defendant’s first pleading), during the discovery phase, or following discovery, the lawsuit will not get to a courtroom if either side offers a mutually acceptable motion to settle out of court. The cases we accept for Contingent Fee Representation are almost always strong cases and we find that employers will more often than not agree to a settlement for numerous reasons: stress, cost, bad publicity, chance for other employees to get wind and pile on, state and federal agencies might begin poking around and cause all manner of grief, etc.

If we are able to secure a settlement that is fair and acceptable to you, your employer will most typically agree to pay you damages in exchange for you dropping your lawsuit against them and both parties further agreeing not bad mouth each other. If no settlement can be reached, your employment lawsuit proceeds to court. A judge (bench trial) or jury (jury trial) will decide the case and will determines the size of the monetary award.

We Represent Employees against Employers in Arbitration

We represent Employees against Employers in ArbitrationLarger employers may have had you agree, when you were hired, that any employment disputes would be decided by arbitration. Arbitration is an “alternative dispute resolution” method which can end in a simple hearing or even a trial, but arbitration takes place outside of the public court system. Employers tend to have mandatory arbitration provisions included in employment contracts employment policies as they believe that arbitration is a more streamlined process, less costly, and more private than litigation in a public court setting.

Generally speaking, arbitrators are lawyers or former judges who focus their practice on arbitration. The arbitration process generally involves the “discovery process” as in a conventional lawsuit and concludes with a final arbitration hearing. Unlike a public courtroom trial, the arbitrator’s fees are paid by one or both sides to the employment dispute depending on the language contained in the provision that specified arbitration in the first place as to how any disputes were to be addressed. Arbitration, as opposed to “mediation,” is also referred to as “binding arbitration,” meaning that the decisions of the arbitrator, or the panel of arbitrators, is final and not subject to appeal (absent of some later proof of fraud or improper influence).

Employment Lawsuits and Arbitration for EMPLOYEES in need

Contact one of our experienced Employment Attorneys at Vincent W. Davis & Associates if you are considering proceedings against an employer. Ask us how we can protect and defend your rights; how we can protect you from employer retaliation and if necessary take swift action against any sign of retaliation; defend your dignity and protect your career. We are close by if you are anywhere in Southern California or in any of the counties or cities listed below:

  • Los Angeles
  • Los Angeles County
  • Orange County
  • Riverside County
  • San Bernardino County
  • Santa Ana</li
  • Beverly Hills
  • Anaheim
  • Irvine
  • Long Beach
  • Pasadena
  • And more…

Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (626) 446-6442
Fax: (626)-446-6454

Beverly Hills Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (310)-880-5733

La Mirada Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: 888-888-6542

Los Angeles Office
Gas Company Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (213)-400-4132

Long Beach Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802

Irvine Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (949)-203-3971
Fax: (949)-203-3972

Ontario Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761

Riverside Office
Turner Riverwalk
11801 Pierce Street,
Suite 200
Riverside, California, 92505
Phone: (909)-996-5644

San Diego
Emerald Plaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (619)-885-2070

Aliso Viejo
Ladera Corporate Terrace
999 Corporate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (714) 721-3822