Should I accept a severance offer if I've been retaliated against in Hermosa Beach?
If your employer in Hermosa Beach offered you a severance package after you reported a problem or spoke up about illegal activity, you should speak with an attorney before signing anything. Accepting a severance often means giving up your right to sue for retaliation or other employment claims.
An attorney can review the offer and advise you on whether it is fair given the circumstances of your employment and departure. The decision to accept or reject a severance offer has long-term consequences for your legal options.
What should I do if I believe I faced retaliation at work?
- Document Everything. Keep detailed records of any incidents of retaliation, including dates, times, names of witnesses, and what was said or done. Save emails, texts, and other communications that support your claims.
- Do Not Quit Without Advice. Quitting your job can affect your ability to claim certain damages. Consult with an attorney before resigning, if possible.
- Preserve Evidence. Do not delete emails, destroy documents, or tamper with any records that relate to your employment or the alleged retaliation. These pieces of evidence become important later.
- Contact an Attorney. An attorney can evaluate your situation, explain your legal rights, and help you determine the best course of action. This includes protecting you from further retaliation while you are still employed.
What kinds of workplace retaliation cases does Casa Legal Los Angeles handle?
Casa Legal Los Angeles helps employees who have faced negative job actions because they spoke up about illegal or unethical behavior. Retaliation happens when an employer punishes an employee for exercising a legally protected right.
This includes situations where you reported wage and hour violations, workplace safety issues, discrimination, or harassment. It also covers whistleblowing, where you expose an employer's illegal activities to a government agency or the public. Our firm also assists employees in nearby cities like Carson and Compton with similar issues. We also represent employees in other employment law matters in Hermosa Beach, such as general employee rights and severance agreements.
How long do I have to file a retaliation claim in California?
Most California personal injury claims, including those involving workplace harm like retaliation, must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency in Hermosa Beach, you must first present a written claim to that public entity within six months (Cal. Gov. Code § 911.2).
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.
California law allows recovery for medical costs, lost earnings, and non-economic harm related to the retaliation. The law aims to restore you to the position you would have been in had the illegal conduct not occurred.
Where would a retaliation claim from Hermosa Beach be filed?
A retaliation claim arising from an incident in Hermosa Beach would generally be filed in the Superior Court of California, County of Los Angeles. Under local rules, a personal injury case originating in this area is assigned to the Southwest District.
The Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503, serves this district. This court handles cases from Hermosa Beach and many other communities in the region, including Diamond Bar and Huntington Beach.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having an experienced legal team represent your interests. We investigate your claim by gathering evidence, interviewing witnesses, and reviewing employment records. We communicate with your employer or their legal counsel on your behalf.
Our goal is to resolve your claim, whether through negotiation, mediation, or litigation. We keep you informed at every stage, explaining the process and your options clearly. We focus on personal injury and employment law, which is all we do. Learn more about our employment law services on our employment law hub.
Frequently Asked Questions
What is whistleblowing in California?
Whistleblowing in California occurs when an employee reports illegal or unethical activities within their workplace to an outside agency, law enforcement, or sometimes even internally if it's protected by statute. California law protects whistleblowers from retaliation by their employers, even if the report is ultimately mistaken, as long as it was made in good faith.
Can my employer fire me if I report workplace safety violations?
Your employer cannot fire you or take other negative action against you for reporting workplace safety violations to Cal/OSHA or another appropriate agency. California law protects employees who report unsafe conditions under Labor Code § 6310. Any such termination would likely be considered unlawful retaliation.
How is a claim against a public entity different in Los Angeles County?
If your retaliation claim is against a public entity like the City of Hermosa Beach or a county agency, you must first file an administrative claim within six months of the incident, as required by Cal. Gov. Code § 911.2. This is a strict deadline, and missing it can bar your ability to sue later. After the agency responds (or fails to respond), you then have a limited time to file a lawsuit in the Superior Court of California, County of Los Angeles, usually at the Torrance Courthouse.
What are my options if I was unfairly demoted after complaining about discrimination?
If you were unfairly demoted after complaining about discrimination, you may have a retaliation claim under California's Fair Employment and Housing Act (FEHA). You can file an administrative complaint with the Department of Fair Employment and Housing (DFEH), which is often a prerequisite to filing a lawsuit. An attorney can help you understand the process and your rights. The deadline to file a DFEH complaint is generally one year from the demotion.
If you believe you have experienced retaliation at work in Hermosa Beach, call us at 888-585-2529. No attorney's fees unless we win — and no case costs either. This information is for general purposes only and does not constitute legal advice; deadlines have exceptions, and you should confirm what applies to your own facts with an attorney.