Should I sign a severance agreement without having an attorney review it first in Signal Hill?
You should not sign any severance agreement without a lawyer looking it over for you. Signing a severance agreement can mean giving up significant legal rights you might not even know you have. Once you sign it, it becomes much harder, if not impossible, to challenge its terms later.An attorney can explain what you are giving up and whether the proposed severance package is fair. They can also tell you if the agreement contains clauses that could restrict your future employment or unfairly protect your former employer. Before you make a decision that affects your future employment and finances, talk to a lawyer.
How long do you have to file an employment lawsuit in California?
Most personal injury and wrongful death claims in California, including many related to employment, must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or any public entity, you must present a written claim within six months (Cal. Gov. Code § 911.2). This six-month deadline applies to claims involving death or injury to a person or personal property, and it must be met before you can file a lawsuit against that public entity.These deadlines can be complex and have exceptions. For instance, the deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. What you can recover in an employment lawsuit depends on the specific facts of your case. California law allows recovery for economic damages like lost wages and benefits, and non-economic harm such as emotional distress. For more details on what you might claim, you can review information on Employee Rights.
What should you do if your employer violates your rights?
If your employer has violated your rights, take these concrete steps to protect yourself and your potential claim:- Document Everything: Keep a detailed record of incidents, including dates, times, locations, names of people involved, and what was said or done. Save any relevant emails, texts, voicemails, or documents.
- Review Company Policies: Check your employee handbook or company policy documents for information on reporting grievances, discrimination, harassment, or other violations.
- Report the Issue Internally (if safe): Follow your company’s internal reporting procedures. This often means speaking with HR or a manager. Be sure to keep a record of your report and any response. If you believe reporting internally would lead to retaliation, discuss this concern with an attorney first.
- Seek Medical Attention for Injuries: If you've suffered physical or emotional harm, see a doctor or mental health professional. Their records can provide important evidence.
- Do Not Quit Without Legal Advice: Quitting your job can impact your ability to recover certain damages. Consult an attorney before making any decisions about your employment status.
- Contact an Attorney: An attorney can assess your situation, explain your legal options, and guide you through the process of filing a claim or lawsuit. They can help you understand the deadlines and requirements specific to your case.
Where is an employment lawsuit for Signal Hill filed?
An employment lawsuit concerning an incident in Signal Hill is generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, a personal injury case arising from an incident in Signal Hill will be filed in the South District. This district’s courthouse is the Governor George Deukmejian Courthouse, located at 275 Magnolia Ave, Long Beach, CA 90802.While this rule primarily addresses personal injury cases, employment claims often share similar filing procedures in terms of geographical jurisdiction. If your claim involves a public entity in Signal Hill, such as the City of Signal Hill or Los Angeles County, the six-month claim presentation deadline under Cal. Gov. Code § 911.2 applies before a lawsuit can be filed.
What types of employee rights cases do we handle in Signal Hill?
Our firm handles a broad range of employee rights cases for workers in Signal Hill and throughout Los Angeles County. We represent individuals who have experienced illegal treatment in the workplace, seeking to hold employers accountable under California law. This includes cases involving discrimination based on age, race, gender, religion, national origin, disability, or sexual orientation.We also assist employees with claims of sexual harassment, wrongful termination, and various wage and hour violations, such as unpaid overtime, meal and rest break denials, or misclassification as an independent contractor. If you are an executive or professional facing unique challenges with your employment contract or termination, we can provide guidance on executive employment issues. Whether your case involves individual unfair treatment or broader issues affecting multiple employees, we are here to discuss your situation. For example, we serve clients not just here but also in other communities like Bell and Bellflower.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having experienced legal professionals advocate for your employee rights. We begin with a thorough review of your situation, listening carefully to your account and examining any documentation you have. Our goal is to understand what happened and explain your legal options clearly and without jargon.We will handle all communication with your employer or their legal team, build your case, and represent your interests in negotiations or in court. We manage the filings, deadlines, and legal procedures so you can focus on yourself. We serve clients across the region, from Signal Hill to San Dimas and beyond, always aiming to achieve the best possible outcome for your specific circumstances.
Frequently Asked Questions
What is "wrongful termination" in California?
Wrongful termination in California happens when an employer fires an employee for an illegal reason, even if the employment was "at-will." An employer cannot legally fire you because of discrimination, in retaliation for reporting illegal activities or safety concerns, or for exercising a protected legal right. It also includes termination in violation of an implied contract not to fire without good cause.Can my employer change my job duties or pay without my consent in Signal Hill?
Your employer generally has the right to change your job duties or pay in Signal Hill, as long as it's not for a discriminatory reason or in retaliation for a protected activity. However, any reduction in pay cannot apply to hours you have already worked, and significant changes might sometimes be considered constructive termination, giving you grounds for a claim if the change was made for an illegal reason.Do I have to sign a non-compete agreement in California?
In California, non-compete agreements are generally unenforceable against employees. California law, specifically Business and Professions Code § 16600, strongly favors employee mobility and generally prohibits employers from restricting a former employee's ability to work for a competitor or start a competing business. There are very narrow exceptions, such as in the sale of a business.What is the difference between a "claim" and a "lawsuit" against a public entity?
When pursuing action against a public entity like the City of Signal Hill or Los Angeles County, a "claim" is a formal written notice you must present to the entity within six months of the incident (Cal. Gov. Code § 911.2). This is a mandatory administrative step before you can file a "lawsuit," which is the actual court case. If the public entity rejects your claim, then you can proceed with filing a lawsuit in court.If your employer has violated your rights in Signal Hill, get legal help. Call Casa Legal Los Angeles today at 888-585-2529 for a consultation. No attorney's fees unless we win—and no case costs either.