Legal Question in Employment Law in California

I am in the process of suing the Los Angeles Unified School District, because I was fired unjustly. I have gone through the administrative process, by filing a claim with the school district for damages. They sent me a letter rejecting my claim, so I am now ready to take this to court. I filed a claim that is over $1 million dollars Question: What court do I take this to. This is a not a small claims court. Do I take it through the Superior Court?


Asked on 1/08/12, 2:20 pm

2 Answers from Attorneys

You take it to a lawyer or you will be wasting your time. I have never, in nearly 25 years of practice, seen a self-represented party even get to trial against a public entity. Their cases are always thrown out because sooner or later they make fatal mistakes in the complex world of pre-trial process and procedure. If you have a valid claim for anywhere near $1 million, you will have no trouble finding an attorney to take your case, and you will be throwing it away if you try to do it yourself. You need to bear in mind, however, that it is extremely rare that an employee firing is illegal. Just because it is "unjust" does not mean there is grounds for a lawsuit. Even public employers are free to fire employees for any reason, no matter how unjust, or no reason at all, unless it violates a union or other employment contract, or civil service regulations, or is in violation of specific anti-discrimination or whistle blower protection laws. Any good attorney will be able to advise you whether you have a claim that is worth pursuing.

Read more
Answered on 1/08/12, 2:38 pm
Terry A. Nelson Nelson & Lawless

It is no surprise your 'unjust firing claim' was denied. That is almost automatic in every government claim. However, if you worked under a union contract, as I assume from the fact your employer was a school district, it would also have been denied on its merits, as your only remedy was a union grievance. If so, your lawsuit will be promptly thrown out of court, wasting your filing fees.

If instead, if you could prove through credible evidence that your firing and legal claim was based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes [which you said nothing about], then feel free to contact me for the legal help you�ll need in your lawsuit.

Read more
Answered on 1/08/12, 3:55 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California