The Cheesecake Factory is one of America’s most popular restaurant chains, as well as a national seller of their signature cheesecakes. Currently, there are over 200 Cheesecake Factory restaurants, along with a bakery production facility in Calabasas, California. It’s clear that the company’s success is built on the hard labor of countless restaurant and factory employees. Unfortunately, many of these workers receive unfair treatment in the form of discrimination, harassment, and wrongful termination.
If you were unlawfully terminated or treated unjustly by the Cheesecake Factory, you may feel helpless in your struggle to obtain justice. Our lawyers are here to advise you and fight for the compensation you are entitled to. We know that this is a difficult time in your life, but there are legal actions you can take if your rights as an employee under the state or federal laws are violated. For a free consultation with a restaurant workers’ rights attorney, contact us at your earliest convenience.
Can I Sue for a Case of Wrongful Termination?
This is a question we receive often at our office, since California is an “at-will” employment state. That means that either the employer or the employee can end the working relationship at any point, even if there is no problem between the two parties. However, there are federal and state laws concerning discrimination and retaliation, which protect employees from unlawful termination. Here are some of the most common grounds for a wrongful termination lawsuit:
- Discrimination based on race, disability, gender or gender identity, sexual orientation, age, religion, ethnicity or national / cultural identity
- Harassment or discrimination against victims of sexual assault or domestic violence
- Termination due to a worker’s military or veteran status
- Discrimination based on political beliefs or involvement in political movements / activities
- Unfair treatment / harassment of pregnant or breastfeeding workers
- Termination based on a worker’s HIV / AIDS status
- Retaliation for complaints about unsafe working conditions
- Retaliating against workers that complain about wages and hours
- Terminating an employee for whistleblowing
- Making a work situation so intolerable to the point where someone is forced to resign (constructive termination)
No matter what type of unjust treatment you have received, legal advice is essential to protecting your rights. Our law firm is ready to assist you, so please reach out to us with any questions or concerns.
Do I have to be Fired in order to Sue the Cheesecake Factory?
No, you do not have to be fired by the Cheesecake Factory in order to pursue an employment violation claim. Even if you are still employed by the restaurant, you may have a case for discrimination, workplace harassment, wage and hours violation, or some other grounds for a lawsuit. These cases are quite common, as most employers look for ways to “punish” an employee without firing them. With that being said, these cases are difficult to prove without assistance from an experienced attorney. To speak with a California labor and employment lawyer, please reach out to us at our office.
Average Value of a Labor Law Violation Case against the Cheesecake Factory
Our attorneys have been fighting for workers’ rights for several decades, and in that time, we’ve learned that there is no such thing as an “average” case value for these lawsuits. If we had to give an estimate, we would say that a labor law violation case is worth around $5,000 to over $100,000. There are many factors that will determine what your lawsuit is worth, including the economic and non-economic damages that you are entitled to. These damages typically include:
- Back pay and front pay (lost wages)
- The value of lost benefits, such as health insurance and sick / vacation days
- Harm to your professional reputation
- Pain and suffering
- Medical expenses – due to loss of or changes in health insurance benefits or from a condition associated with your workplace discrimination, termination, etc.
- Pain and suffering
- Legal fees
- Punitive damages if your employer’s conduct was especially harmful or outrageous
Which damages are relevant to your case is an issue you will need to discuss with one of our attorneys. You can count on us to calculate a fair and balanced settlement amount and fight for every penny you deserve in a lawsuit against the Cheesecake Factory.
Length of Time to Settle your Case
How long it will take to settle a workers’ rights lawsuit depends on many factors that are unique to your circumstances. Cases that are relatively straightforward may take anywhere from 30 days to a few months to settle. Cases with more complicated issues, however, can take one or more years to resolve. We know how frustrating it can be to wait for a payment you’re entitled to. However, you can count on us to be there whenever you call, whether you need updates on your case or encouragement to stay committed to the legal process.
How long do I have to File a Lawsuit?
Filing your lawsuit on time is essential, as the courts are very strict when it comes to the statute of limitations for a legal case. If you miss the filing deadline for your lawsuit, it will be extremely difficult to pursue a compensation claim against the Cheesecake Factory. However, it can be confusing to figure out the correct statute of limitations for your case. For example, a wrongful termination lawsuit based on a breach of contract has an SOL of 2 years. On the other hand, you have 3 years to pursue a legal case if your termination was a violation of California’s Fair Employment and Housing Act. To verify how much time you have to file a lawsuit against your former employer, contact us for a free case review.
Free Second Opinion
Our attorneys are here for you if you have questions or concerns about an active discrimination, harassment, or wrongful termination case. Perhaps you’re upset by the lack of communication from your lawyer, or how long it’s taking to settle your claim. Whatever the reason, we are happy to review your case and offer recommendations based on our many years of experience in labor law disputes. Afterwards, it’s up to you to decide on the right course of action. No matter what you decide, the consultation is free of charge, so don’t hesitate to call us for a second opinion consultation.
The Zero Fee Guarantee
Sometimes, losing a job is not something you can prevent, but a case of wrongful termination is a violation of the state and federal labor laws. Even if you weren’t fired, you may be the victim of discrimination and retaliation at the Cheesecake Factory, which are also unlawful acts by an employer. We know how stressful these situations can be, but the lawyers of Employment Attorneys Group are here for you every step of the way.
A free consultation at our office will help you understand your rights and legal options. That way, we can decide on the best strategy for your case and fight for the maximum payment you deserve. As for our legal fees, you won’t have to worry about that under the Zero fee guarantee. We work on contingency, meaning we get paid by Cheesecake Factory at the end of your case. If we don’t recover your settlement, you’re completely off the hook for any legal fees.
Our labor law violation attorneys are here for you 24/7, so please reach out to us as soon as possible.
