Q: Why do employment lawyers not take any cases until you are terminated?

A: In California, employment lawyers may wait for a termination to occur before taking a case for several reasons, related to both strategy and legal practicality. Firstly, termination provides a clear and definitive action that can be challenged legally, often creating a stronger case for wrongful termination, retaliation, or discrimination. Prior to termination, proving illegal conduct by an employer, such as discrimination or retaliation, can be more complex and less straightforward.

Moreover, the damages and potential recovery for the employee may be more significant and easier to quantify in cases of termination. This includes lost wages, benefits, and emotional distress, making the case more compelling to pursue. Lawyers often assess the potential outcome against the costs and complexities of litigation, aiming to take on cases with a strong chance of success and meaningful compensation for the client.

It's important to remember, however, that experiencing retaliation or discrimination, especially after disclosing a disability, is a serious matter under California law, which provides protections against such actions. Even before termination, you have rights, and there may be legal avenues available to address your situation. Seeking advice early, even if some lawyers hesitate to take the case immediately, can be crucial for protecting your rights and exploring all possible actions.