How long do I have to file a retaliation claim in Temple City?
If you face illegal retaliation at work in Temple City, you have a limited time to act. Most employment retaliation claims in California must be filed within two years. This deadline comes from California Code of Civil Procedure § 335.1.
However, many different laws protect workers from retaliation. Each law has its own specific deadline. Some statutes of limitations are much shorter, sometimes as little as six months if you are making a claim against a public entity under California Government Code § 911.2.
What should I do after experiencing workplace retaliation?
Workplace retaliation can be isolating and frustrating. Taking immediate steps helps protect your rights:
- Document everything. Write down every instance of suspected retaliation, including dates, times, locations, and names of individuals involved. Keep copies of emails, performance reviews, or any other relevant documents.
- Review company policies. Look through your employee handbook for policies on retaliation, discrimination, and whistleblowing. Understand the internal reporting procedures.
- Report internally, if safe. If your employer has a clear, safe internal reporting mechanism, consider using it. Be aware that some companies may not address the issue effectively.
- Seek medical or psychological care. Retaliation can cause significant stress and health issues. Get the care you need and keep records of all appointments and diagnoses.
- Consult with an attorney. An employment lawyer can help you understand your legal options and the specific deadlines that apply to your situation. This is especially true for complex cases, including those involving retaliation and whistleblowing.
What kind of workplace retaliation does California law cover?
California law protects employees from retaliation when they exercise their legal rights. This protection extends to many situations where employers might try to punish workers for doing what's right or legal.
For example, an employer cannot fire, demote, or harass you for reporting illegal activities like fraud, safety violations, or wage theft within the company. This is a core part of whistleblower protection. You also have rights if your employer retaliates after you take protected leave, such as family medical leave, or if you request a reasonable accommodation for a disability. Retaliation is also illegal if it happens because you reported discrimination or harassment based on your age, gender, race, religion, or other protected characteristics.
Other protected activities include participating in a workplace investigation, refusing to engage in illegal acts at your employer's direction, or filing a workers' compensation claim. California law also protects employees who discuss their wages or working conditions, organize a union, or refuse to work in unsafe conditions. We also help Temple City residents with leave and accommodations issues.
How long do I have to sue for workplace retaliation?
The time limit to file a lawsuit for workplace retaliation varies. For most retaliation and personal injury claims, you have two years from the date of the incident to file a lawsuit in California Superior Court, as stated in California Code of Civil Procedure § 335.1.
This general rule changes if your claim is against a city, county, or other public entity. In those cases, you must first present a written claim to the public entity within six months of the incident, according to California Government Code § 911.2. Only after the public entity responds (or fails to respond) can you file a lawsuit. If your case involves a minor, the deadline for filing a lawsuit is generally paused under California Code of Civil Procedure § 352, but this pause does not apply to the six-month government claim deadline.
Because these deadlines have exceptions and can be complex, you should confirm the specific deadline that applies to your unique situation with an attorney. For example, similar rules apply to workers in Diamond Bar when they need a retaliation attorney.
Where does a retaliation lawsuit get filed for a Temple City worker?
Retaliation lawsuits for incidents in Temple City are generally filed in the Superior Court of California, County of Los Angeles. Specifically, the case will go to the Northeast District of the Los Angeles Superior Court.
Your case will likely be handled at the Pasadena Courthouse located at 300 E Walnut St, Pasadena, CA 91101. Los Angeles County Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024) state that a case is filed in the judicial district where the incident occurred. This is then assigned to that district's Personal Injury Hub department.
What is it like to work with Casa Legal Los Angeles?
When you contact Casa Legal Los Angeles, we start by listening to your experience. Speaking up about workplace issues takes courage, especially when your livelihood is on the line. We review the facts of your case, explain your rights under California law, and discuss the best path forward for you.
Our focus is on securing the full compensation available for the harm you have suffered. This might include lost wages, emotional distress, and other damages allowed by law. We handle all communications with your employer and their legal team, build your case with evidence, and represent you in negotiations or in court. We have helped other employees in Carson, for example, with their retaliation claims.
Frequently Asked Questions
What is considered unlawful retaliation in the workplace?
Unlawful retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities. These protected activities include reporting discrimination, harassment, wage violations, or unsafe working conditions; taking protected medical leave; or participating in an investigation. Adverse actions can range from wrongful termination, demotion, or pay cuts to exclusion from meetings or undesirable work assignments.
Can I be retaliated against for discussing my salary with coworkers?
No, you cannot be retaliated against for discussing your salary or other working conditions with coworkers. The National Labor Relations Act (NLRA) protects the right of most private-sector employees to engage in "concerted activities" for their mutual aid or protection, which includes discussing pay. California law further reinforces these protections, preventing employers from prohibiting such discussions. If your employer retaliates, you may have a claim, similar to how employees in Compton need an attorney for retaliation cases.
Is there a specific deadline for filing a complaint with a government agency?
Yes, there are often strict deadlines for filing complaints with government agencies like the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) before you can file a lawsuit. For example, DFEH generally requires a complaint to be filed within one year of the last act of discrimination or retaliation. These administrative deadlines are separate from the court filing deadlines, so it is important to know which apply to your situation.
What if my employer claims my poor performance is the reason for my termination?
Employers often cite performance issues when terminating an employee, especially if they are trying to mask an illegal retaliatory motive. If you believe your performance reviews were unfairly negative after you engaged in a protected activity, or if you were suddenly put on a performance improvement plan without prior issues, this could be evidence of retaliation. The timing of these actions in relation to your protected activity is often key in proving a retaliation claim.
If you're dealing with retaliation at work in Temple City, reach out to Casa Legal Los Angeles. Call us at 888-585-2529 to discuss your situation. No attorney's fees unless we win — and no case costs either.