Should I sign a severance agreement if I believe I faced discrimination at work in La Verne?
Signing a severance agreement often means giving up your right to sue your employer. Before you sign anything, speak with an attorney about your situation. An attorney can help you understand the terms and whether you have a claim for workplace discrimination in La Verne.Workplace discrimination happens when an employer treats an employee differently based on protected characteristics like age, race, gender, religion, national origin, disability, or sexual orientation. California law protects employees from discrimination at every stage of employment, from hiring to firing. If you believe you have experienced discrimination at your job in La Verne, you have rights, and the law provides ways to seek justice.
How long do you have to file a discrimination claim, and what can you recover?
Most workplace discrimination claims in California must be filed with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) within three years of the discriminatory act. This initial step is required before you can file a lawsuit in court. A lawsuit for personal injury or wrongful death in California generally must be filed within two years (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a public entity, like the City of La Verne, you must present a formal written claim to that entity within six months of the incident (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.California law allows workers who have been discriminated against to pursue various forms of compensation. This can include lost wages and benefits from the discrimination, such as back pay and front pay. You may also be able to recover damages for emotional distress caused by the discrimination, as well as attorney's fees and costs. In some severe cases of egregious conduct, punitive damages may also be available to punish the employer for their actions.
What should you do next if you've experienced discrimination?
If you believe you have faced discrimination at your La Verne workplace, take these steps:- Document everything. Keep detailed records of dates, times, people involved, and what was said or done. Save any relevant emails, text messages, or performance reviews.
- Review company policy. Check your employer's policies on discrimination and harassment. Many companies have procedures for reporting such incidents internally.
- Report the discrimination. Follow your company's internal reporting procedures, if you feel safe doing so. Make sure to report it in writing and keep a copy for your records.
- Do not retaliate. While it is natural to feel upset, avoid any actions that could be seen as retaliatory. Focus on documenting your experience and seeking legal advice. Your employer cannot legally retaliate against you for reporting discrimination. Learn more about your rights against retaliation on our La Verne retaliation and whistleblowing page.
- Speak with an attorney. An attorney can help you understand your legal options and the best way to proceed with a claim in California.
Where does a workplace discrimination claim from La Verne get filed?
A workplace discrimination claim for an incident occurring in La Verne, located in Los Angeles County, would generally be filed with the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, a case is assigned to the judicial district where the incident happened. For La Verne, this means your case would be assigned to the East District.The courthouse for the East District is the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. While a discrimination lawsuit is typically filed in this court, most employment discrimination actions require you to first file a complaint with an administrative agency like the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
What kinds of workplace discrimination claims does this cover?
Workplace discrimination in La Verne can take many forms, affecting employees based on a wide range of protected characteristics. This includes discrimination based on race, color, national origin, ancestry, religion, creed, age (over 40), disability (physical or mental), gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, and genetic information. If you experienced treatment on the job that seems unfair because of one of these reasons, you may have a discrimination claim.Our firm handles various types of employment law matters. Beyond discrimination, we also represent employees in claims for wrongful termination, sexual harassment, wage and hour disputes, and other unfair labor practices. Explore our main workplace discrimination practice area page for more details on California employment protections. Our firm also assists employees in nearby communities like Azusa and Baldwin Park with their workplace rights.
What is involved in working with Casa Legal Los Angeles?
Working with Casa Legal Los Angeles means having an advocate on your side who understands California employment law. We begin by listening to your story and evaluating the details of your workplace discrimination claim. This initial consultation helps us determine the strength of your case and your potential legal options. We represent individuals, not corporations, so our focus is on protecting employee rights.We handle the complexities of filing administrative complaints with agencies like the CRD and EEOC. If negotiations with your employer or their legal team are possible, we manage those discussions. If your case needs to go to court, we prepare and litigate your lawsuit, pursuing the full compensation available under California law. We aim to make the legal process understandable and as stress-free as possible for you. For those dealing with high-level employment issues, we also provide guidance on executive employment matters and severance agreements.
Frequently Asked Questions
What is the California Civil Rights Department (CRD)?
The California Civil Rights Department (formerly DFEH) is the state agency responsible for enforcing California's civil rights laws, including the Fair Employment and Housing Act (FEHA). Before you can file a discrimination lawsuit in court, you must first file a complaint with the CRD. The CRD will investigate your claim or issue you a "right-to-sue" letter, which allows you to proceed with a lawsuit.Can I be fired for reporting discrimination?
No, California law prohibits employers from retaliating against an employee for reporting discrimination or participating in an investigation into discrimination. This protection extends to reporting potential illegal activities or refusing to engage in such activities, known as whistleblowing. If your employer takes adverse action against you, such as firing you, reducing your pay, or demoting you, because you reported discrimination, you may have a separate claim for retaliation.What evidence do I need to prove workplace discrimination?
Proving workplace discrimination often involves gathering various types of evidence. This can include written documents like emails, performance reviews, text messages, or internal memos that show discriminatory intent or effect. Witness testimony from coworkers can also be valuable. Even if you do not have direct "smoking gun" evidence, a pattern of disparate treatment or circumstantial evidence can support a claim.Does La Verne have specific local anti-discrimination laws?
While the City of La Verne itself does not have local ordinances specifically expanding beyond state and federal anti-discrimination laws, all employers within La Verne must comply with California's robust Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act. These laws provide extensive protections against discrimination based on numerous characteristics, and a claim would be pursued under these broader statutes in the Los Angeles County court system.If you believe you've faced discrimination at your job in La Verne, you don't have to face it alone. Contact Casa Legal Los Angeles today for a confidential consultation. Call us at 888-585-2529. No attorney's fees unless we win—and no case costs either.