How the Legal Process Works
If you’ve never worked with an attorney before, or even considered taking legal action, it can be overwhelming to imagine what the process actually looks like. At the Gould Firm, one of our core values is making the legal system accessible and understandable for everyday workers. You shouldn’t have to feel intimidated to assert your rights.
We want to help walk you through what typically happens when you pursue an employment law claim, from the first phone call to a possible trial. It is important to note that not every case is the same; however, this will provide a general roadmap of what to expect and when to reach out for support.
Your First Step: The Initial Consultation
Everything starts with a conversation. When you reach out to the Gould Firm, we’ll schedule a free, confidential initial consultation, where you’ll speak directly with attorney Evan Gould about what you're experiencing at work.
This is an opportunity to discuss your concerns, ask questions, and gain clarity on your situation. Mr. Gould will listen carefully, evaluate the facts you provide, and begin assessing whether your situation may involve a violation of the law. Sometimes, just sitting down with an experienced attorney is the only way to know whether you have a case at all.
You don’t need prior legal experience or a substantial amount of evidence to get started. We’ll help you figure out what matters and what steps might come next. The goal of this first meeting is simple: understand your situation, explain your rights in plain language, and help you decide how to move forward.
Step 2: Filing a Complaint with a Government Agency
In many employment law cases, especially those involving discrimination, harassment, or retaliation, you can’t file a lawsuit right away. You first have to file a complaint with a government agency, such as:
- The Equal Employment Opportunity Commission (EEOC) handles federal claims of discrimination and harassment.
- The California Department of Fair Employment and Housing (formerly DFEH) is responsible for state-level workplace violations.
These agencies are responsible for enforcing anti-discrimination laws, and filing with them is a legal requirement in most cases. This process is known as “exhausting administrative remedies.” Often, it is a necessary step before you're allowed to sue your employer.
We never recommend filing these complaints on your own. They’re more complex than they appear, and the agencies reviewing them are seeking specific legal details and supporting evidence. The way your initial complaint is written and what it includes can have a major impact on your case later on. At the Gould Firm, we handle this process for you, ensuring your complaint is accurate, thorough, and strategically aligned with the next steps in your case.
Step 3: Intent to Sue & Pre-Litigation Demands
Once your complaint is filed, there’s often an option to request an immediate right-to-sue letter, which allows you to move forward with legal action without waiting for the agency to investigate. This is typically used when a case is strong and time is of the essence.
From there, we may issue a demand letter to your employer. This is a formal letter explaining the legal violations that occurred and the compensation being sought. It gives the employer a chance to settle the matter before a lawsuit is filed.
The pre-litigation phase is a critical and strategic part of the process. We carefully assess not only the legal merits of a case but also the practical realities of moving forward. Sometimes, pursuing a pre-litigation settlement can protect a client’s interests more effectively than a lengthy and complicated legal battle. Mr. Gould will personally sit down with you to determine the best approach tailored to your unique situation.
Step 4: Filing a Lawsuit
If a settlement can’t be reached in the pre-litigation phase, we’ll move forward by filing a civil lawsuit in the appropriate court. The litigation process typically involves:
- Discovery: This is where both sides exchange documents, evidence, and take depositions
- Motions: Legal arguments are filed to shape the scope of the case.
- Mediation: A neutral third party may assist in resolving the case before trial.
- Settlement talks can occur at any point, even during the trial.
It’s essential to understand that not every case is settled, and the process can be time-consuming. Mr. Gould will explain what to expect and help you know the best path forward based on your specific situation.
What Is a Settlement?
A settlement is a legally binding agreement between you and your employer, where the employer agrees to pay a certain amount or take specific action in exchange for ending the dispute.
Settlements can happen:
- Before a lawsuit is filed (pre-litigation)
- After a complaint is filed, but before trial
- Even during trial, if both sides decide to avoid the risk of a verdict
Our team will explore every early settlement opportunity that makes sense for you, especially when the emotional or financial toll of a prolonged legal battle is high. But if your employer refuses to negotiate in good faith, we’re fully prepared to take your case to court.
Step 5: What to Expect in Trial
If your case proceeds all the way to trial, it will be presented before either a judge or a jury. They’ll evaluate the evidence, hear witness testimony, and ultimately decide whether your employer violated the law and what compensation (if any) you may be entitled to.
Trials can last anywhere from a few days to several weeks, depending on the complexity of the issues at hand. However, it’s essential to note that the entire legal process, from filing to verdict, can take anywhere from 1 to 2 years, or even longer in some cases. This timeline includes discovery, motions, possible mediation, and scheduling delays.
If you win at trial, the court may award compensation such as:
- Back pay for lost wages
- Emotional distress damages
- Punitive damages, in cases of especially egregious conduct
- Attorneys’ fees and costs
These awards are often higher than what’s typically offered in a settlement, but they also carry more risk. Even if you win, your employer may appeal the verdict, which can delay payment or, in some cases, lead to the outcome being overturned.
At the Gould Firm, we prepare every case as if it could go to trial. While we explore early resolution when it makes sense, we’re always ready to fight for your rights in court if that’s what it takes to achieve justice.
How Long Does It All Take?
Unfortunately, there’s no one-size-fits-all answer. Some cases settle in a matter of weeks or months. Others, especially those that go to trial, may take 1-2 years or more to resolve. If the case is appealed, it can take even longer.
You Don’t Have to Navigate This Alone
You’re not expected to know how to file a legal complaint, negotiate with an employer, or go to trial on your own. That’s our job. And we take it seriously because we know what’s at stake for you.
Whether you're considering taking action for the first time or you're stuck in the middle of a confusing process, our team is here to listen, explain, and advocate for you every step of the way.
If you suspect that something unlawful occurred at work but are unsure about next steps, contact us today for a complimentary consultation. We’ll walk you through what to expect, help you understand your rights, and give you honest answers.