How long do you have to file a wrongful termination claim in Covina?
If your employment ends unfairly in Covina, you have a limited time to act. Most wrongful termination lawsuits in California must be filed within two years from the date of the termination (Code of Civil Procedure § 335.1).
However, if your employer is a government entity, like the City of Covina or Los Angeles County, you must file a formal claim with that entity within six months of the termination (Government Code § 911.2). Missing this shorter deadline almost always means you lose your right to sue later.
What does California law say about wrongful termination deadlines?
The standard deadline for many employment and personal injury claims in California is two years from when the harm occurred (Code of Civil Procedure § 335.1). This applies to many private sector wrongful termination cases.
Claims against government bodies, including schools, cities, or county agencies, operate on a much shorter timeline. You must present a written claim to the public entity within six months of the incident (Government Code § 911.2). Only after the agency responds, or after 45 days if they do not respond, can you file a lawsuit. If the agency rejects your claim, you generally have six months from the date of rejection notice to file your lawsuit. If no notice is sent, you have two years from the claim accrual date (Government Code § 945.6(a)).
The deadline is generally paused while an injured person is a minor (Code of Civil Procedure § 352). However, this pause does not apply to claims against public entities (Code of Civil Procedure § 352(b)), which still face the strict six-month government claim deadline.
California law allows recovery for lost wages, benefits, and emotional distress if you were wrongfully terminated. The compensation you can pursue depends on the specifics of your case.
What steps should you take after a wrongful termination in Covina?
After a wrongful termination, taking immediate steps can protect your ability to pursue a claim:
- Document everything. Write down the date and circumstances of your termination, who was present, and what was said. Gather any performance reviews, employment contracts, emails, or text messages related to your employment and termination. This evidence helps build your case.
- Do not sign anything you do not understand. Your employer might offer a severance package or ask you to sign documents. Be cautious, as some documents could waive your rights to sue. It is wise to have an attorney review these before you agree to anything. For more on this, see our page about severance and contracts in Covina.
- Seek medical attention if needed. If your termination caused significant stress or mental health issues, seeing a doctor or therapist can create a record of the harm suffered.
- Contact an attorney familiar with Covina employment law. An attorney can explain your rights and the specific deadlines that apply to your situation. They can also help you understand if your case falls under a protected category, such as discrimination or retaliation.
- Look for new employment. You have a duty to mitigate your damages, which means you should actively seek new work after your termination. Keep records of your job search efforts.
Where do you file a wrongful termination lawsuit from Covina?
If you pursue a wrongful termination lawsuit from Covina, the case is generally filed in the Superior Court of California, County of Los Angeles. Under current rules, a wrongful termination case from Covina would typically be assigned to the East District.
The relevant courthouse for this district is the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. In Los Angeles County, 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).
What types of cases does Casa Legal Los Angeles handle for Covina workers?
Casa Legal Los Angeles focuses on helping workers in Covina who have faced illegal or unfair treatment. We help people who were fired for reasons that violate California law. This includes situations where an employer retaliated against you for reporting unsafe conditions, discrimination, or harassment. We also assist with cases where termination violates the terms of an employment contract, whether written or implied.
Our firm helps Covina residents with many employment issues, including wrongful termination. Our broader employment law practice covers many workplace disputes. This includes claims based on discrimination due to age, race, gender, religion, national origin, disability, or sexual orientation. We also handle cases where an employee was fired after requesting a legally protected leave or accommodation, such as medical leave or religious accommodation. For more on this, visit our page on leave and accommodations in Covina. We pursue the full compensation available under California law for lost wages, benefits, and emotional distress.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles starts with a conversation about your situation. You explain what happened, and we explain your legal options. We gather all relevant documents, like employment contracts, termination notices, and performance reviews. We investigate the facts, identify key witnesses, and build your case based on California employment laws. We handle all communications with your former employer or their attorneys, protecting you from further stress. Our goal is to achieve a favorable resolution, whether through negotiation, mediation, or litigation.
We work on a contingency fee basis. No attorney's fees unless we win — and no case costs either. This means you do not pay us anything upfront, and we only get paid if we secure a settlement or court award for you.
Frequently Asked Questions
What is the difference between "at-will" employment and wrongful termination?
California is an "at-will" employment state, meaning an employer can generally terminate an employee at any time, for any reason, or no reason at all, provided the reason is not illegal. Wrongful termination occurs when an employer fires an employee for an illegal reason, such as discrimination, retaliation for reporting illegal activities, or in violation of an employment contract or public policy. The "at-will" doctrine does not protect employers who engage in illegal firing practices.
Can I be fired while on medical leave in Covina?
Employers generally cannot fire an employee for taking legally protected medical leave under laws like the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). If you were terminated while on, or shortly after returning from, a protected medical leave, this could be considered wrongful termination. Your employer must hold your job or an equivalent position for you upon your return, with limited exceptions. Our pages on executive and professional employment issues in Covina cover these kinds of protections.
What kinds of damages can I recover in a wrongful termination lawsuit?
If you succeed in a wrongful termination claim, you can recover "economic damages" and "non-economic damages." Economic damages include lost wages, lost benefits, and other financial losses you incurred because of the termination. Non-economic damages can cover emotional distress, pain, and suffering caused by the termination. In some cases, punitive damages might be awarded if the employer's conduct was particularly egregious, to punish the employer and deter similar behavior.
What if my employer is a public entity in Covina?
If your employer is a public entity, such as a city agency, school district, or county office in Covina, the deadlines to file a claim are much shorter and stricter. You must file a formal administrative claim with the government entity within six months of your termination. Missing this initial administrative claim deadline means you generally cannot pursue a lawsuit against that entity, even if your termination was illegal. This is different from the two-year deadline for private employers.
If you believe you've been wrongfully terminated from your job in Covina, contact Casa Legal Los Angeles today at 888-585-2529 for a conversation about your rights. Remember, no attorney's fees unless we win — and no case costs either.