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 (California)

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 administrative judge.

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 employees)

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
  • Call toll free (877) 277-2950
  • Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
  • 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:

Wrongful termination
Sexual harassment
Unpaid wages and overtime
Family and medical leave
Pregnancy discrimination
Disability discrimination
Age discrimination
Employee Rights Blog CaliforniaEmployeeRightsAttorney.

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