Sacramento Public Entity Employer Attorney
California Laws Limit Your Ability to Sue a Public Entity
Government employees at all levels make up a significant portion of the
total labor force, both nationally and in the State of California. Many
people choose to work for the government because of the benefits available
to them and/or opportunities to advance within the civil service (amongst
other reasons). But a government or public agency is no different than
any other workplace. You may still be injured, face harassment or discrimination,
or have to contend with unlawful retaliation. Even though these problems
remain, if your employer is a public entity you must contend with different
and unique laws in order to bring a lawsuit and assert your rights.
Suing a public entity in California for personal injuries (including emotional
distress) is governed primarily by the California Tort Claims Act. If
your lawsuit is not brought in compliance with this law’s requirements,
your lawsuit may be over before it even begins. Do not risk having a legitimate
workplace complaint lawsuit dismissed simply because you missed a deadline
or did not complete a necessary step in the process. Consult with and
use the services of a California employment law attorney with experience
fighting public entity employers.
What Burdens Does the California Tort Claims Act Impose?
When you sue a private business for an employment law dispute or workplace
harassment issue, the California Rules of Civil Procedure govern how your
lawsuit must be filed and how it will be conducted. In the case of a public
entity, you are only permitted to sue the relevant agency (whether local
or state) and/or relevant public employee after you have delivered a notice
of your intent to file a claim to the appropriate agency or person.
Note the following facts:
- Your notice must be filed within a specific and limited timeframe after
you have been wronged. If you miss this deadline, you will likely be forever
barred from seeking any type of compensation from the government entity
for that personal injury.
- Your notice must contain sufficient information to enable the entity to
investigate the facts of your case and make a determination as to whether
it ought to settle your claim or contest your claim. Some agencies have
their own specialized form to complete, while other agencies require the
victim to compose his or her own claim form.
- The agency or person must be given an opportunity to review your claim
form and make a determination as to how it should respond. During this
time, you may not take any further action on your claim. Failing to wait
the requisite time period or failing to wait for the expiration of the
relevant time period can result in your lawsuit being thrown out of court.
In addition to these limitations and restrictions, your specific type of
claim may involve special statutes of limitations, immunities that can
protect certain government employees or agencies from lawsuits altogether,
restrictions on the types of theories you may pursue, and other special
Why You Need a California Public Entity Employers Attorney
When you have been the victim of workplace harassment, discrimination,
or an adverse action, you may find yourself aggrieved
and out of a job. A successful lawsuit is important to you because it may
be one of the only ways you can recoup some of your financial losses and
expenses. Do not gamble with this opportunity: contact an attorney experienced
in the Tort Claims Act and in proceeding against public entities to increase
your chances of success in your case.
I am Gay Carroll-Haring, a California workplace discrimination and employment
law attorney. I have filed and litigated countless cases against public
agencies and public employers, so I am well-versed in the specific requirements
of the California Tort Claims Act.
Contact my office today at 916-443-3553 and
schedule an initial consultation to learn how my knowledge and experience can be used to help you succeed
in your lawsuit.