How long do I have to file a lawsuit after an employment contract dispute in Lakewood?
If you have an employment contract dispute in Lakewood, you generally have two years from the date of the breach to file a lawsuit (Cal. Code Civ. Proc. § 339). However, this deadline can change significantly if your claim involves a public entity, like the City of Lakewood or Los Angeles County.
Claims against government agencies, including those for contract disputes, typically require you to present a formal claim within six months of the incident (Cal. Gov. Code § 911.2). Missing this shorter deadline can prevent you from filing a lawsuit later, so acting quickly is important.
What kinds of employment contract and severance issues do we help with in Lakewood?
We represent employees in Lakewood who are facing problems with their employment agreements or severance packages. This includes situations where an employer might be breaking the terms of a written or implied contract, or when you are being offered a severance agreement that doesn't seem fair.
Many jobs in California are "at-will," meaning an employer can terminate employment at any time for almost any reason. However, an employment contract can change this, offering protection against wrongful termination. These contracts can cover specific terms of employment, compensation, bonuses, benefits, and the conditions under which you can be fired or resign. If you believe your employer has violated such an agreement, or you need help understanding a proposed severance package, we can review your situation and advise you on your options.
What should you do if you have a contract or severance dispute?
-
Review your documents: Gather all relevant employment documents, including your employment contract, offer letters, employee handbook, performance reviews, and any communications related to your dispute or severance offer. The more information you have, the better we can assess your situation.
-
Do not sign anything you don't understand: If your employer offers you a severance package, they will likely ask you to sign a release of claims. Signing this without fully understanding its implications could mean giving up your right to pursue further action, even if your employer broke the law. Talk to an attorney before signing any legal documents.
-
Keep notes: Document key dates, conversations, and events related to your employment and the dispute. Include names of people involved and what was said. This record can be very helpful in building your case.
-
Seek legal advice: Contact an attorney who focuses on employment law. They can explain your rights, evaluate your contract, negotiate on your behalf, and represent you if a lawsuit becomes necessary. Our firm, Casa Legal Los Angeles, offers free consultations to Lakewood residents to discuss these matters.
Where do you file a contract dispute case for an incident in Lakewood?
A contract dispute lawsuit stemming from an incident in Lakewood would generally be filed in the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and the General Order effective May 17, 2024, 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. For Lakewood, which is in the South District, your case would likely be heard at the Governor George Deukmejian Courthouse located at 275 Magnolia Ave, Long Beach, CA 90802.
What are the deadlines for employment claims and what can you recover?
Most employment contract claims must be filed within two years (Cal. Code Civ. Proc. § 335.1), but if your claim is against a city, county, or other public agency in Los Angeles, you must first present a written claim within six months (Cal. Gov. Code § 911.2). Deadlines can have exceptions and must be confirmed with an attorney for your own facts. The deadline is generally paused while an injured person is a minor (CCP § 352), but that pause does not apply to claims against public entities under the Government Claims Act.
If you succeed in an employment contract dispute, California law allows for the recovery of damages that aim to make you whole. This can include economic losses such as lost wages, benefits, and other financial compensation you would have received under the contract. In some cases, punitive damages may be available if the employer's conduct was particularly egregious, requiring clear and convincing evidence of "oppression, fraud, or malice" (Civ. Code § 3294(a)).
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening carefully to your story and reviewing your employment documents. We then explain your legal options clearly and without jargon. Our goal is to protect your rights and pursue the full compensation available under California law. We handle all communications with your employer or their legal team, build your case with evidence and legal arguments, and represent you in negotiations or, if necessary, in court. We focus on employment law, including areas like severance and contracts, retaliation and whistleblowing, and general employee rights. Our attorneys serve clients across Los Angeles County, including communities like Bellflower and Carson.
Frequently Asked Questions
What is an employment contract?
An employment contract is an agreement, either written or implied, between an employer and an employee that outlines the terms and conditions of employment. This can include job duties, salary, benefits, duration of employment, and how the employment can be terminated. It can modify the "at-will" nature of employment, providing greater job security or specific termination clauses.
What does "at-will employment" mean in California?
In California, "at-will employment" means that an employer can terminate an employee for any reason, or no reason at all, as long as it's not an illegal reason (like discrimination or retaliation), and an employee can quit at any time for any reason. However, an employment contract can override this principle, establishing specific conditions under which employment can be ended.
Can you negotiate a severance package?
Yes, severance packages are often negotiable. If you are offered a severance package, it's typically in exchange for you signing away your right to sue the employer for past claims. An attorney can review the proposed agreement, identify any unfair terms, and negotiate for better compensation, benefits, or other terms before you sign it. This can make a significant difference in the final offer.
How does a public entity claim affect my contract dispute?
If your contract dispute is with a public entity, such as the City of Lakewood, the County of Los Angeles, or a public school district, you must file a formal government claim within six months of the incident under Cal. Gov. Code § 911.2. This is a strict deadline and requirement that applies before you can file a lawsuit. An attorney can help you prepare and submit this claim correctly.
If you are dealing with a contract or severance issue in Lakewood, 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.