Courts and Other Tribunals
California State Court
The superior courts of the State of California can
enforce California 's medical and pregnancy leave laws. California superior
courts are often preferable to their federal counterparts for multiple reasons.
For example, to win a lawsuit in a California superior court before a jury,
only 9 of 12 jurors must vote in your favor. In contrast, in federal court, the
jury verdict must be unanimous to prevail. Also, the standard for obtaining
punitive damages is generally easier to meet in California Superior Court than
in federal court. Further, your attorney will usually be precluded from
interviewing the prospective jurors ( voir dire ) in federal court before they
are sworn in.
Federal District Court
The United States District Courts allow employees to assert
their rights under the federal workplace leave laws such as the FMLA.
Fair Employment and Housing Commission
The Fair Employment and Housing Commission
(FEHC) is the California government agency responsible for deciding
discrimination cases brought by DFEH.
The Equal Employment Opportunity Commission's mission
is the elimination of illegal discrimination from the workplace. Federal
Employees may have their discrimination claims decided by an EEOC
MSPB (federal employees)
The U. S.
Merit Systems Protection Board is an independent quasi-judicial agency
established to protect Federal merit systems against partisan political and
other prohibited personnel practices such as (discrimination for taking medical
leave) and to ensure adequate protection for federal employees against abuses
by federal agency management.
State Personnel Board ( California government
The Appeals Division of the State Personnel Board is
the administrative arm of the Board to hear, investigate and make
recommendations on the alleged violations of law or rule which are brought to
it by California state employees, applicants and members of the public. The
Division will accept appeals in over 25 types of cases, including adverse
actions, medical actions, discrimination complaints, complaints of retaliation
for whistleblowing and examination appeals, to name a few.
For a free consultation about your FMLA rights with
an experienced employee rights attorney, contact David Spivak:
- Email Help@FMLALawyers.com
- Call toll free (877) 277-2950
- Visit The Spivak Law Firm, 9454 Wilshire Blvd., Ste
303, Beverly Hills, CA 90212
- Fax (310) 499-4739
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites: