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 procedural rules.

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.