- Available 24 hours a day, 7 days a week
- - SE HABLA ESPAÑOL
- Available 24 hours a day, 7 days a week
- - SE HABLA ESPAÑOL
We are always on the employees’ side and we don’t have an office in Downey, however we can help you from our office in Woodland Hills. You can call us on (818) 538-3458 or complete our contact page. We offer free initial consultations and speak Spanish.
While most people know that in order to make a claim for discrimination/harassment in California you have 3 years, there are some instances where you may have less time to make a claim in Downey.
Severance Agreement: In California you have the right to be given written notice that you can seek legal advice. You must be given a reasonable amount of time (at least 5 working days). If you are over 40 and have an age waiver in your Severance Agreement, you have at least 21 days to consider (45 days group lay off) and 7 days to withdraw your agreement under Federal Law.
Public Employer: If you work for County, school district, County Office of Education or City then you will not be able to bring certain claims for money unless you firstly make a written claim to the Government. You have 6 months to make a claim for personal injury and 1 year for other claims. You may also have a claim for civil service/union grievances based upon your notice of discharge/suspension. Please check this notice on the day.
Retaliation: 1 year to make a claim to the Labor Commissioner.
Federal Charge: Generally 300 days.
Discrimination/Harassment/Retaliation: In California you have 3 years from the last act of detriment. Once you have received a Right to Sue notice from the CRD you generally have 1 year.
Downey has a lot of Hospital and Public Employers. The biggest employer in Downey is Kaiser Permanente with almost 18% of jobs. This is followed by Rancho Los Amigos (County of Los Angeles rehabilitation hospital) and PIH Health. Other employers in the top 10 are County’s Internal Services Department, Downey Unified, County Office of Education and City. While this does not mean they are bad employers it does mean depending on your employer you will be subject to different rules.
If you work in health care you have extra protection. If you make a complaint about patient care, services or conditions to the health facility (internally, to an accrediting body or government body) you cannot be retaliated against. And if you are retaliated against within 120 days of making a complaint they were aware of, then the law will presume you have been retaliated against.
All Public Employers (big or small) are subject to FEHA and the California Family Rights Act. FEHA claims will be made to the CRD. Other claims, such as some whistleblower claims or contract claims may need to be made to the Government first. Union members or civil servants may also have a grievance/appeal. This may overlap so it is important to identify which claims to make.
FEHA protects you from discrimination if your employer has 5 or more regular employees. The ban on harassment applies even if your employer has only 1 employee.
In California a harassment claim is not limited to what managers do. If your colleague is responsible then your employer will be liable if they knew or should have known and didn’t take prompt and appropriate action. If the person is not an employee (patient, visitor or shopper) this also applies. This is important as a lot of work in Downey will be done at a patient’s bedside or behind the counter. If your supervisor is responsible then your employer will be held to a higher standard.
Ensure you have evidence. This should include dates, what was said, who saw it and a written complaint to your employer. Keep all texts and messages. For more information on the legal elements please see our Sexual Harassment and Hostile Work Environment pages.
Under the California Family Rights Act (CFRA) you are entitled to up to 12 weeks protected leave for your own serious illness or family member. You must have worked for your employer for more than 12 months and at least 1,250 hours in the last year. This applies to private employers with 5 employees and public employers of any size. Under FEHA your employer must make reasonable accommodations for a known physical or mental disability. They must also have a timely good faith interactive process if you ask for an accommodation. If they don’t have this conversation it is a breach in itself.
Many people who are looking for a lawyer after an injury will actually have 2 claims to make. The injury will be dealt with under workers compensation which we do not deal with. However after your injury you may have a claim under FEHA and CFRA if your employer will not allow you to work in a light duty role, end your leave early or fire you while you are recovering. Please see the sections below for more information on family/medical leave, reasonable accommodations and disability discrimination.
Mercer Legal Group reviews employment law claims carefully, explains available options, and pursues appropriate remedies when the facts and law support them. Every case is different, and no attorney can guarantee a specific result.
If you have reasonable grounds to believe something has occurred that breaches a statute/regulation and you have reported it then you are protected under Labor Code section 1102.5. This can be reported to a government body or someone within the company with the power to investigate or resolve (your supervisor). From 2024 if your employer takes adverse action against you within 90 days of protected activity (as defined by the Labor Commissioner’s retaliation statute) then the law will presume you have been retaliated against and they must prove otherwise.
You have 1 year to make a retaliation claim to the Labor Commissioner. This can be done online or at a district office. The closest to Downey are Long Beach (1500 Hughes Way) and Downtown Los Angeles (320 W. Fourth St). You can also make a claim directly to court. Make sure you have a copy of what you reported, to whom and when. If you work in healthcare please inform us of what patient information you have. We don’t want you to copy any information from the system. Please see the sections below for more information on protection for whistleblowers and retaliation claims.
Generally employment in California is ‘at will’ meaning your employer can terminate your employment without giving a reason. However they cannot do this for illegal reasons. This would include protected characteristics, protected leave, asking for an accommodation or reporting harassment/legal breach. Usually the real reason will be shown by the timing, changing reasons and how others were treated. Please see our section on wrongful termination.
If you have been offered a severance package please read through it. While you may be leaving your job you may still be able to report any information relating to unlawful acts in the workplace. Any non-disparagement clauses must state this. The 5 working days and 21 days is to give you time to seek advice. We can help you understand what you are giving up. This could include any FEHA, leave or age discrimination claims. We can tell you whether the payment you are offered reflects this.
Most employment claims in the State will be made to the CRD. They can investigate your claim. You can also ask for a right to sue notice straight away and make a claim to court. The CRD have an office in Los Angeles (320 W. 4th St). The EEOC have a district office (255 E. Temple St).
The courthouse in Downey (East Imperial Highway) only deals with criminal and traffic claims. Downey is part of the Los Angeles Superior Court, Southeast District. For all ZIP codes in Downey (90239-90242) the Filing Court Locator shows that unlimited civil claims must be filed at the Norwalk Courthouse (12720 Norwalk Blvd). Due to local rules employment claims can be filed at the Central District (Stanley Mosk Courthouse downtown), where the work was carried out or where the employer operates. Class actions must also be filed in the Central District. Claims under Federal Law can be filed with the U.S District Court, Western Division in Los Angeles. Your lawyer will decide where to file your claim.
Any letters relating to your termination, discipline or leave. Including dates.
Severance Agreement. Including dates.
Any texts, emails or chats relating to the issue.
Timeline. Dates, names, what was said and who saw it.
Any leave requests, doctors’ notes or requests for accommodation. Including any response from your employer.
Union Contract/Civil Service Notice/Appeal (if you are a public employee).
Employee Handbook/Complaint Policy (if available).
Our attorneys are Simon Moshkovich (State Bar of California Number 323584) and Sara Adela Salinas (Number 349348). We only act for employees. We can help with harassment, discrimination, retaliation, whistleblowing, leave, accommodation, wrongful termination and severance. We cannot help with workers compensation or personal injury claims. We will inform you if your issue is not within our area of practice.
Call us on (818) 538-3458 for a free consultation. Or fill in our contact form.
No, we only have an office in Woodland Hills. We can help you from our office. We will attend court where your case is filed. This will usually be Norwalk for Downey.
No, workers’ compensation is a separate system. However, if your employer refused to make accommodations, ended your protected leave or fired you after your injury we can help with your employment claim.
Yes, you are protected from harassment. FEHA prohibits harassment from employers with 1 or more employees. Most discrimination claims under FEHA require 5 or more employees. There may be other laws to consider. Please mention this at your consultation. ¿Hablan español?
Puedes contactarte con nosotros llamando al (818) 538-3458 para que agendes tu consulta gratuita sobre acoso, discriminación, represalias, permisos médicos o despido. No contamos con oficina en Downey; nos ubicamos en Woodland Hills.
This information is general information only and should not be taken as legal advice for your situation. No attorney-client relationship is created by viewing this page. Past success does not guarantee similar success.
