The Most Important Thing Public Employees Need to Know — Deadlines

If you work for a government employer in California — a city, county, state agency, public school district, community college district, water district, or any other public entity — the single most important thing to understand about your employment rights is this: the deadlines are shorter than for private sector employees, and they are strictly enforced.

Under California’s Government Claims Act (Government Code Section 910 et seq.), claims against public entities generally must be filed with the relevant government entity within six months of the date the injury occurred. For employment claims, this typically means within six months of the discriminatory act, the retaliatory action, or the wrongful termination. Miss this deadline and your claim may be permanently barred — no matter how strong the underlying facts are.

This is different from the FEHA three-year deadline, which also applies to public employees for discrimination, harassment, and retaliation claims. Both processes run simultaneously, and failing to navigate both correctly can result in the loss of claims. Call us immediately at (310) 882-6239 if you’re a public employee who believes your rights have been violated.

What California Law Protects Government Employees From

FEHA — Full Application to Public Employers

California’s Fair Employment and Housing Act applies fully to all government employers in California with five or more employees — which includes every significant public entity in the state. Public employees are protected from discrimination based on race, national origin, gender, age (40+), disability, pregnancy, religion, sexual orientation, and all other protected characteristics under FEHA.

For public employees, FEHA discrimination claims require filing a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act. This is in addition to — not instead of — the government tort claim requirements.

Whistleblower Retaliation — Particularly Strong Protections for Public Employees

California Labor Code Section 1102.5 protects public employees who report illegal conduct to supervisors, to government agencies, or even internally. The California Whistleblower Protection Act (Government Code Section 8547) provides additional and overlapping protections specifically for state employees.

Public employees who report waste, fraud, abuse, safety violations, or other illegal conduct are among the most common clients we represent in retaliation cases. The timing between a report and adverse action — a reassignment, a negative performance evaluation, a demotion, a termination — is often the most powerful evidence in these cases.

Under a 2025 California Court of Appeal decision, once retaliation is established as a contributing factor in an adverse employment action, the burden shifts to the employer to prove by clear and convincing evidence that it would have taken the same action anyway. This ‘same-decision defense’ burden is a significant one, and employers often cannot meet it.

Civil Service Protections and Wrongful Termination

Many public employees in California are covered by civil service protections — rules that limit the grounds on which they can be terminated and provide procedural rights, including the right to a hearing before dismissal. These protections exist alongside FEHA rights, not instead of them.

A public employee who is terminated through a technically proper civil service process can still have a FEHA discrimination or retaliation claim if the underlying reason for the termination was discriminatory or retaliatory. Civil service compliance does not immunize an employer from FEHA liability. We advise public employees on both tracks simultaneously.

Sexual Harassment in Government Workplaces

Sexual harassment in California’s government and public sector workplaces is both underreported and significant. Power dynamics within government agencies — between supervisors and subordinates, between elected officials and staff, between department heads and employees — create environments where harassment occurs and where victims often feel they have no safe channel for reporting.

FEHA’s harassment protections apply fully to public employers. And under the federal EFAA, public employers cannot compel arbitration of sexual harassment claims even when employment contracts include arbitration clauses. You have the right to go to court.

Disability Discrimination and Reasonable Accommodation in Public Employment

Public employers are required to engage in the interactive process when an employee raises a disability or needs a medical accommodation. The failure to engage in a good-faith interactive process is itself a FEHA violation, separate from the failure to provide the accommodation. Government agencies sometimes fail this requirement by ignoring accommodation requests, denying them without engaging in the required process, or retaliating against employees who request accommodations.

If you’re a public employee who has requested a reasonable accommodation for a medical condition or disability and your employer has failed to respond, denied the request without proper process, or retaliated against you — you have FEHA claims that we can pursue.

Wage and Hour Violations in Public Employment

Public employees are not exempt from California’s wage and hour laws. Government employers can and do violate overtime rules, meal and rest break requirements, and final paycheck obligations. The analysis for public employee wage claims is similar to private sector claims, with some modifications based on the employer’s status.

Public employee wage claims require careful attention to which wage laws apply (California Labor Code vs. FLSA vs. applicable government employment statutes), whether civil service rules affect the analysis, and which administrative remedies must be exhausted before filing a civil claim.

The Government Claims Act — What Every Public Employee Must Understand

Before filing a lawsuit against a California government employer for most tort-based claims, you must file a government tort claim with the relevant public entity. For employment-related claims, this generally means within six months of the incident. If the government entity rejects or ignores your claim, you then have six months from the rejection to file suit.

The six-month deadline runs from the date of the most recent violation in a continuing course of conduct — not necessarily from the first incident. But determining exactly what counts as a ‘continuing violation’ under California law is not straightforward. The safe approach is to file a government tort claim as soon as you believe your rights have been violated.

Important: FEHA claims against public employers still require a separate complaint with the CRD within three years. Both processes must be navigated. Missing either deadline can eliminate or limit your recovery. If you’re a public employee, call us at (310) 882-6239 the same day you decide you may have a claim.

AB 288 — New Protections for Private-Sector Workers Through PERB (2026)

California’s AB 288, effective January 1, 2026, expands the jurisdiction of the Public Employment Relations Board (PERB) to allow certain private-sector workers to bring unfair labor practice claims to PERB when federal NLRB processes are unavailable, delayed, or ineffective. While this primarily affects workers with federal labor law claims, it creates an important alternative enforcement pathway when federal mechanisms fail. Workers in industries with union organizing activity should be aware of this new tool.

Filing Deadlines for Government and Public Sector Employees

The government tort claim deadline is the most dangerous deadline for public employees — and it is the most commonly missed. If you’re a government employee and you believe your rights have been violated, contact us today.

• Government tort claim: typically 6 months from the date of the violation — DO NOT MISS THIS
• FEHA (discrimination, harassment, retaliation): 3 years to file with the CRD
• Wrongful termination (public policy): 2 years from termination
• Wage and hour violations: 3 years (4 years under the UCL)
• California Whistleblower Protection Act (state employees): varies by specific statute — call us immediately

Questions Government and Public Sector Employees Ask Us

I work for Los Angeles County and I was passed over for promotion because of my race. How do I start a claim?

You need to act quickly on two tracks simultaneously. File a complaint with the California Civil Rights Department under FEHA — you have three years for this. And file a government tort claim with Los Angeles County within six months of the most recent discriminatory act. The government tort claim process is a prerequisite for a civil lawsuit against the county. Document everything about the promotion decisions — who applied, who was selected, what the stated criteria were, and what your record looks like compared to the person selected. Then call us at (310) 882-6239.

I reported financial misconduct at my government agency and was immediately reassigned to an undesirable position. Is that retaliation?

Almost certainly. What you’re describing is a textbook retaliatory reassignment under California Labor Code Section 1102.5 and the California Whistleblower Protection Act. Document the timeline: when you made the report, who you reported to, and the exact date and nature of the reassignment. Preserve any emails, meeting notes, or other communications. File a government tort claim immediately — the six-month deadline applies even to retaliation claims against public employers. Then call us.

I’m a public school teacher and I believe I was terminated for reporting a student safety concern to the district. What are my options?

You may have claims under both FEHA (retaliation for protected activity) and the Government Code whistleblower provisions. The Education Code may also provide procedural protections depending on your tenure status. The government tort claim deadline applies — file within six months. Then call us to discuss both the civil service process and the FEHA/whistleblower claims simultaneously. These need to be handled together by someone who understands how they interact.

I work for a city and I’ve requested a reasonable accommodation for a disability three times. They keep ignoring my requests. What can I do?

A government employer’s failure to engage in the interactive process in good faith is itself a FEHA violation — you don’t have to wait for them to formally deny the accommodation. Three ignored requests is more than enough to support a failure-to-accommodate claim. File a government tort claim now. File with the CRD now. Call us today at (310) 882-6239.

Free Consultation for Government and Public Sector Employees

Christopher Ellison Law offers free, confidential consultations for California government and public sector employees. We handle public employee cases with the urgency they require — because in these cases, waiting can cost you your right to recover. Call us today.

What you get with Christopher Ellison Law:

• Understanding of government tort claims, FEHA, and civil service rules together
• Urgency-driven approach to public employee deadline issues
• Trial preparation from day one
• No fees unless we win
• Free, confidential consultation

Christopher Ellison Law | Government & Public Sector Employees Employment Attorney | (310) 882-6239

You serve the public. You deserve to have your own rights protected.