Do you need a lawyer if your employment was terminated in La Mirada?
If your job ended in La Mirada, and you suspect it was for an illegal reason, a lawyer can assess the facts and explain your rights. California law protects employees from unfair termination based on discrimination, retaliation, or breach of contract.
How long do you have to file a wrongful termination claim in California?
Most wrongful termination claims must be filed within two years from the date of termination (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or any public agency, you must first present a written claim within six months (Cal. Gov. Code § 911.2). This six-month deadline is strict, and missing it can prevent you from filing a lawsuit later.
California law defines what counts as "wrongful" termination. Your employer cannot fire you because of your race, gender, religion, age, disability, or other protected characteristics. They also cannot fire you for complaining about illegal activity, reporting unsafe working conditions, or taking protected leave. If your employer violated a written or implied employment contract, that can also lead to a wrongful termination claim.
California law allows for the recovery of lost wages, lost benefits, and emotional distress damages if your termination was illegal. For claims against private employers, 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.
What should you do after your employment is terminated?
- Document everything. Keep copies of your employment contract, performance reviews, emails, and any other documents related to your job and termination.
- Do not sign anything you do not understand. Your employer might offer a severance agreement. Before signing, have an attorney review it to ensure you are not giving up your rights to pursue a claim.
- Request your personnel file. Under California Labor Code § 1198.5, you have the right to inspect your personnel records. This can provide valuable information about the reasons for your termination.
- Seek legal advice. Discuss the details of your termination with a lawyer as soon as possible. They can help you understand the deadlines and legal options available for workers in La Mirada.
Where do you file a wrongful termination lawsuit in La Mirada?
Wrongful termination cases originating in La Mirada, which is in Los Angeles County, are generally filed with the Superior Court of California, County of Los Angeles. Under local rules, these cases are assigned to the Southeast District, and the Norwalk Courthouse handles these matters (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). The Norwalk Courthouse is located at 12720 Norwalk Blvd, Norwalk, CA 90650.
The specific court for your case depends on the judicial district where your employer is located or where the termination occurred. Confirming the correct courthouse is a critical first step. For claims against a public entity, you must submit an administrative claim to the public entity itself before you can file a lawsuit.
What types of cases do our wrongful termination attorneys handle?
Our La Mirada attorneys handle a wide range of wrongful termination cases, including those involving discrimination based on age, gender, race, religion, national origin, or disability. We also represent employees who were fired in retaliation for reporting harassment, wage and hour violations, or for whistleblowing on illegal activities at their workplace. Our firm also assists clients with retaliation claims in La Mirada and ensures employee rights in La Mirada are upheld.
We work with employees in La Mirada and throughout Los Angeles County who have faced illegal termination. Our focus is on representing workers and protecting their rights under California law. If you believe your termination was illegal, whether it involves workplace safety issues or other violations, we can help. We also represent workers in nearby cities like Commerce and Azusa.
What is involved in working with Casa Legal Los Angeles?
Working with Casa Legal Los Angeles begins with a confidential consultation to discuss the details of your termination. We review your employment history, the circumstances of your termination, and any relevant documents. We explain the applicable laws, such as those governing wrongful termination, and outline your legal options. Our attorneys handle all communications with your former employer or their legal counsel, file necessary court documents, and represent you in negotiations or litigation.
We work to pursue the full compensation available under California law for your lost wages, benefits, and emotional distress. Our firm operates on a contingency fee basis. This means you pay no attorney's fees unless we win – and no case costs either.
Frequently Asked Questions
What is "at-will" employment in California?
California is an "at-will" employment state, meaning an employer can generally terminate an employee at any time, with or without cause, and with or without notice. However, this "at-will" rule has exceptions. An employer cannot terminate an employee for illegal reasons, such as discrimination, retaliation, or in violation of an employment contract or public policy. The "at-will" doctrine does not permit illegal firings.
Can I sue my former employer if I signed a severance agreement?
Signing a severance agreement often means you waive your right to sue your employer. Before you sign any severance agreement, have an attorney review the document to ensure you fully understand the terms and their impact on your legal rights. In some situations, certain claims, like those for specific types of discrimination, might not be waivable.
What kinds of damages can I recover in a wrongful termination case?
If your wrongful termination claim is successful, you may recover various types of damages. These can include economic damages, such as lost back pay (wages and benefits you would have earned from the termination date until judgment) and front pay (future lost wages). You may also recover non-economic damages for emotional distress, such as anxiety, humiliation, and reputational harm. In some cases, punitive damages may also be available to punish the employer for particularly egregious conduct.
What if my employer is a government agency in La Mirada?
If your employer is a government agency in La Mirada, such as the City of La Mirada or another public entity, you must follow specific procedures before filing a lawsuit. You generally need to file an administrative claim with the government agency within six months of your termination (Cal. Gov. Code § 911.2). Missing this crucial deadline will almost certainly bar you from filing a lawsuit later. This six-month rule applies even if your claim would typically have a longer statute of limitations against a private employer.
If you have been wrongfully terminated from your job in La Mirada, contact Casa Legal Los Angeles today. Call us at 888-585-2529 for a free consultation. No attorney's fees unless we win – and no case costs either.