Should I accept a severance package if my employer retaliated against me in Santa Monica?
You face a difficult decision if your employer offered you a severance package after you experienced retaliation. Accepting a severance package usually means signing away your right to sue them later, even for a retaliation claim. Before you sign anything, speak with an attorney to understand what rights you might be giving up.
What should I do after experiencing retaliation at work?
Retaliation at work can leave you feeling alone and without options. Here are steps to take:
- Document everything. Keep detailed records of the retaliatory actions, including dates, times, people involved, and what happened. Save emails, texts, performance reviews, and any other relevant documents.
- Review your employee handbook. Many employers have policies against retaliation. Understanding your company's procedures can help you decide your next move.
- Report the retaliation internally. Follow your company's reporting procedures, if you feel safe doing so. Make sure your report is in writing.
- Seek legal advice. A lawyer experienced in California employment law can assess your situation and explain your options. This can help you protect your rights and ensure you do not miss any deadlines.
What kinds of actions count as workplace retaliation in California?
Workplace retaliation occurs when an employer punishes an employee for exercising a legally protected right. Many protected activities exist under California law. For example, reporting sexual harassment, wage theft, or unsafe working conditions are protected activities. Asking for a reasonable accommodation for a disability or religious belief also counts. If your employer fires you, demotes you, reduces your pay, or creates a hostile work environment because you did one of these things, it could be unlawful retaliation. For more details on what constitutes a protected activity, see our retaliation and whistleblowing hub.
How long do I have to file a retaliation claim?
California law sets strict deadlines for filing retaliation claims, which depend on the specific law violated. Generally, most personal injury and wrongful death claims must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, many employment claims have shorter deadlines. For instance, if your claim involves a public entity in Santa Monica, like the city itself or a local transit agency, you must present a written claim to them within six months (Cal. Gov. Code § 911.2). The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act. Missing these deadlines can permanently bar your claim, so confirm what applies to your specific situation with an attorney.
Where do I file a retaliation lawsuit if I work in Santa Monica?
If you need to file a retaliation lawsuit in Santa Monica, your case will generally be handled by the Superior Court of California, County of Los Angeles. Los Angeles County has specific rules for where cases are filed. A personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). For Santa Monica, this means your case would generally be filed at the Santa Monica Courthouse, located at 1725 Main St, Santa Monica, CA 90401. This court handles employment law disputes arising within the city.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we commit to understanding your experience and fighting for your rights as a Santa Monica worker. We investigate the facts, gather evidence, and build a strong case designed to pursue the full compensation available under California law. We handle communication with your former employer or their legal team so you can focus on moving forward. We represent employees in Santa Monica and across Los Angeles County, including those in Compton and Carson. If you're dealing with retaliation, whether related to a severance agreement or another issue, we can help. Our practice is limited to personal injury and employment law, ensuring our focus is sharp.
Frequently Asked Questions
What is a "protected activity" under California law?
A "protected activity" is an action an employee takes that is safeguarded by law, meaning an employer cannot legally punish them for it. Examples include reporting harassment, discrimination, wage violations, or unsafe workplace conditions, as well as taking family or medical leave, or requesting accommodations for a disability or religious belief. If your employer takes adverse action against you because of one of these activities, it may be retaliation.
Can I be fired for reporting unsafe conditions at my job in Santa Monica?
No, you generally cannot be fired for reporting unsafe conditions at your job in Santa Monica. Reporting unsafe conditions is a protected whistleblowing activity under California law. If your employer terminates your employment or takes other negative action against you because you reported safety concerns, it could be illegal retaliation, and you may have grounds for a claim.
Do I have to file a formal complaint before I can sue for retaliation?
Whether you need to file a formal complaint before suing for retaliation depends on the specific type of claim. For many employment discrimination or retaliation claims, you must first file a complaint with an administrative agency, such as the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), and receive a "right-to-sue" letter. This is an administrative prerequisite before you can file a lawsuit in a court like the Santa Monica Courthouse.
What if my employer claims I was fired for poor performance, not retaliation?
Employers often try to justify termination by citing performance issues, even if the real reason is retaliation. Proving your employer's stated reason is a pretext for unlawful retaliation is a common challenge in these cases. An attorney will examine the timing of the performance complaints relative to your protected activity, any changes in your performance reviews, and how other employees with similar performance issues were treated. This can help uncover the true motivation behind your termination.
If you believe you have faced retaliation at your job in Santa Monica, contact Casa Legal Los Angeles at 888-585-2529. No attorney's fees unless we win — and no case costs either. This information is for general purposes only and not legal advice. Deadlines have exceptions; confirm what applies to your specific facts with an attorney.