Can my employer legally fire me for discrimination in La Mirada?
No, an employer in California cannot legally fire you because of discrimination. California law, primarily the Fair Employment and Housing Act (FEHA), prohibits employers from taking adverse actions like firing, demoting, or harassing employees based on protected characteristics. If you believe your termination was discriminatory, you have legal rights to pursue a claim against your employer.
How long do I have to file a discrimination claim?
In most workplace discrimination cases in California, you must first file an administrative complaint with the Department of Fair Employment and Housing (DFEH). This must generally be done within one year of the discriminatory act. After receiving a "right-to-sue" letter from the DFEH, you typically have one year to file a lawsuit in court. Most other California personal injury claims must be filed within two years (Cal. Code Civ. Proc. § 335.1), but a claim against a city, county, or public agency must be presented within six months (Cal. Gov. Code § 911.2).
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352), but that pause does not apply to claims against public entities under the Government Claims Act (Cal. Code Civ. Proc. § 352(b)). Missing these deadlines can prevent you from recovering compensation. The law allows for recovery of economic damages like lost wages and benefits, and non-economic harm such as emotional distress caused by the discrimination.
Where does a workplace discrimination case from La Mirada get filed?
If your discrimination claim proceeds to a lawsuit, it will generally be filed in the Superior Court of California, County of Los Angeles. For cases originating in La Mirada, personal injury and employment cases are typically assigned to the Southeast District's Personal Injury Hub department at the Norwalk Courthouse. This court is located at 12720 Norwalk Blvd, Norwalk, CA 90650 (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). A claim against a public entity like the city of La Mirada or Los Angeles County would first require presenting a claim to the entity itself within the specific six-month period before filing a lawsuit.
What kinds of discrimination cases does California law cover?
California law protects employees from discrimination based on many characteristics, going beyond federal law in some areas. This includes discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status. For more information on your rights, visit our Workplace Discrimination hub. Additionally, employees in La Mirada are protected against illegal retaliation if they report discrimination or harassment.
Beyond discrimination, employees also have rights regarding wages, breaks, and safe working conditions. Understanding your full set of employee rights is important if you feel you have been mistreated at work.
What should I do if I believe I've been discriminated against?
- Document everything: Keep detailed records of discriminatory incidents, including dates, times, locations, names of people involved, and what was said or done. Save any relevant emails, texts, or performance reviews.
- Review company policy: Check your employer's policies on discrimination and harassment. Many companies have specific procedures for reporting complaints internally.
- Report internally (if safe to do so): If you feel comfortable, report the discrimination to HR or a supervisor, following your company's policy. This creates an official record and can sometimes resolve the issue.
- Gather witness information: If anyone witnessed the discrimination, note their names and contact information.
- Contact an attorney: Talk with a lawyer about workplace discrimination soon. A lawyer can explain your rights, evaluate your claim, and guide you through the complex legal process. They can help you understand the deadlines and steps for filing a claim with the DFEH or EEOC.
What happens when I work with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, we focus on understanding your specific situation and protecting your rights as an employee in La Mirada. We will listen to your story, review your documentation, and explain your legal options clearly. Our firm handles the investigation, gathers evidence, and communicates with your employer or their legal counsel on your behalf. Our goal is to achieve the best possible outcome for you, whether that involves negotiation, mediation, or taking your case to court. We prepare your case with the diligence it deserves.
We also assist employees with other workplace matters, such as reviewing severance agreements to ensure fair treatment upon separation from employment. Our firm has experience helping workers from nearby cities like Azusa and Bellflower with their discrimination claims.
Frequently Asked Questions
What is workplace discrimination?
Workplace discrimination happens when an employer treats an applicant or employee unfavorably because of a protected characteristic like race, gender, age, religion, disability, or sexual orientation. This unfair treatment can involve hiring, firing, pay, job assignments, promotions, training, benefits, or any other terms or conditions of employment.
Can I be fired for complaining about discrimination?
No, California law prohibits employers from retaliating against employees for complaining about discrimination, participating in a discrimination investigation, or filing a discrimination lawsuit. This protection applies even if your initial complaint does not ultimately lead to a finding of discrimination, as long as you made the complaint in good faith.
Do I need an attorney to file a discrimination claim?
While you can file a discrimination complaint with the DFEH or EEOC yourself, having an attorney can significantly impact the process and outcome. An attorney understands the legal complexities, knows how to collect and present evidence, and can negotiate with employers or represent you in court. They ensure all deadlines are met and that your rights are fully protected throughout the process.
What if my employer is a public entity in La Mirada?
If your employer is a public entity, such as the City of La Mirada or a state agency, special rules apply. You must first present a written claim to the public entity within six months of the discriminatory act, as required by California Government Code § 911.2. Failing to present this claim on time will bar you from filing a lawsuit later. An attorney can help you prepare and file this crucial claim correctly and on time.
If you're facing workplace discrimination in La Mirada, it's time to act. Call Casa Legal Los Angeles at 888-585-2529 for a confidential discussion about your situation. No attorney's fees unless we win — and no case costs either.