LA Metro and Transit Employees: Your Rights When You Are Disciplined or Fired

Short answer: If LA Metro disciplined or fired you, several clocks can start at once. Under the ATU contract, which covers the maintenance and technical classifications in its Article 1, the union appeals within 30 days of the written decision. A fair employment (FEHA) claim goes to the Civil Rights Department (CRD) (formerly DFEH) within three years. Other damages claims usually need a government claim within six months or one year. Talk to a lawyer before the shortest clock runs out.

At a glance

• LA Metro is a public agency created by state law, so some rules for private employers do not apply to it.
• The contract terms quoted come from one agreement, the ATU Local 1277 contract. It covers the maintenance and technical classifications its Article 1 lists, so check which contract covers your job. A 2022 trade report said a different union, SMART, represents rail and bus operators.
• A fair employment (FEHA) claim does not need a government claim first, but other damages claims may.
• A failed drug or alcohol test removes you from safety-sensitive work. Federal rules call returning to work a personnel decision, subject to your union contract.

What people assume, and what California law says

Which path applies after an LA Metro discipline or firing?

How long do you have to act after an LA Metro firing?

The clocks can run at the same time. Treat each one as running on its own until a lawyer tells you otherwise. Deadlines can run early, so tell us what happened and confirm yours with us before you rely on any date. Our page on time limits for California employment cases lists the general deadlines.

Why does it matter that LA Metro is a public agency?

The Los Angeles County Metropolitan Transportation Authority (LACMTA) is a state-created agency. A separate provision in the same code says it took over the powers and liabilities of the transit agencies before it. The statute that created it, Public Utilities Code section 130050.2, says, "There is hereby created the Los Angeles County Metropolitan Transportation Authority."

That status changes which claims you can bring. Two rules matter most:

1. Discrimination and leave claims have been brought against Metro. California's Fair Employment and Housing Act (FEHA), the state's main anti-discrimination law, defines an employer to include "the state or any political or civil subdivision of the state, and cities." Metro has defended disability and medical-leave claims in court, including the firm's own case for a Metro bus operator.
2. A common-law public-policy claim is not available. In Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, the California Supreme Court said "section 815 bars Tameny actions against public entities." A Tameny claim is the court-made claim for wrongful termination in violation of public policy.

Our guide to wrongful termination for government employees covers the rules every public employer shares.

Which union contract covers you?

Your contract decides your discipline steps, so start by finding out which one you are under. The discipline terms quoted here come from the ATU agreement alone. The contract covering operators was not reviewed.

• Bus and rail operators. A 2022 trade report on Metro's contract approval said, "SMART represents rail and bus operators and scheduling analysts at L.A. Metro." SMART is the Sheet Metal, Air, Rail and Transportation Workers union.
• ATU Local 1277. The Amalgamated Transit Union (ATU) Local 1277 agreement for 2024 to 2029 covers the Authority's "Non-Operating employees included within the classifications set forth in Article 1 of this Agreement," a list made up of maintenance and technical jobs such as Air Conditioning Technician, Electrician, Machinist and Master Mechanic. If your job title is not on it, do not assume this contract applies to you.
• Supervisors. PERB, the Public Employment Relations Board, describes the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA) of 2003, which "covers supervisory employees" of Metro.

A 2024 Metro board item says Southland Transit and MV Transportation operate some fixed-route lines under contract. If one of those companies issues your paycheck, tell your lawyer which one.

How does discipline work under the ATU Local 1277 contract?

This is the one Metro contract whose discipline terms were read. It covers only the classifications its Article 1 lists, so operators and others should compare their own.

Under the ATU contract:

• The standard. "Discipline will be administered only for proper cause."
• The hearing. "Discipline hearings shall be held within ten (10) days, excluding Saturdays, Sundays, and Holidays, of the incident or infraction giving rise to the discipline." Before a discharge, "a hearing shall be set where the employee may present their case."
• Your representative. A union representative attends disciplinary counseling "if the employee so desires," so the contract lets the employee have one there.
• The appeal. If the union is not satisfied with the Step One or Initial Disciplinary Hearing decision, it may appeal to the Chief Labor Relations Officer "within thirty (30) days from the Step One or Initial Disciplinary Hearing written decision." A committee of up to three Metro appointees and up to three union appointees hears the appeal, and the employee and their representative at the earlier step may appear and present evidence. A deadlock goes to arbitration before a Board of three: one member chosen by the union, one by Metro and a neutral third member.
• The time limits. "Either party failing to meet the time limits will forfeit its case." The contract excludes Saturdays, Sundays and holidays when it counts these time limits, and the parties can extend them by mutual consent, so ask before you count days yourself.

In Lares v. Los Angeles County Metropolitan Transportation Authority (2020), Court of Appeal case B293850, the court looked at a contract between Metro and "the union representing all operations employees of MTA," and the opinion does not name the union, so do not assume its terms match the ATU agreement. An absence rule made an employee "subject to progressive discipline, up to and including termination," and absences covered by California's family and medical leave law did not count. The bus operator "was fired after he had eight non-excluded absences," and Metro won. How absences were counted can decide a case like that.

What if the union will not take your case to arbitration?

Under the ATU contract, the Step Two appeal and arbitration belong to the union, not to the employee. The union "may withdraw the request for arbitration at any time prior to the hearing," and the contract then makes Metro's decision final.

A discrimination, medical-leave or whistleblower claim is a separate claim with its own deadline, so a grievance should not be your only plan. If the union drops your case, talk to a lawyer right away.

Can you sue LA Metro for discrimination, disability or medical-leave retaliation?

The law allows these claims against a public employer like Metro. Whether you have one depends on your facts. The route runs through the CRD.

1. File with CRD. A complaint must be filed within three years of the unlawful act, under Government Code section 12960(e)(5).
2. Get a right-to-sue notice. In Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, the California Supreme Court held that this letter "is a sufficient prerequisite to filing an FEHA claim in superior court."
3. Sue within one year of the notice. Government Code section 12965(c) requires the lawsuit "within one year from the date of that notice."

The California Family Rights Act (CFRA) protects medical and family leave and makes it unlawful to "discharge, fine, suspend, expel, or discriminate against" someone for using it.

Has the firm handled a case against LA Metro?

The firm represented Michael Grant, who drove a bus for Metro for 32 years. He had a history of injuries and asked for accommodations, which Metro granted. Weeks after he returned from a protected medical leave, a passenger spat on him and he protected himself. Metro called that gross misconduct and fired him. The firm's complaint alleged that the stated reason was a pretext, a cover story rather than the real reason, and that the real reasons were his disability, his leave and his accommodation request. The case settled, and the complaint is public.

One pattern to notice is timing. A firing soon after leave or an accommodation request may be worth a lawyer's look, though timing alone does not decide a case, and Metro won in Lares. If your situation involves a disability, see our disability discrimination practice.

Ready to talk it through? Tell us what happened at Metro. We read it free.

Do you need to file a government claim against Metro first?

It depends on the claim.

A fair employment (FEHA) claim does not need one. In Snipes v. City of Bakersfield (1983) 145 Cal.App.3d 861, the court said FEHA actions "are not subject to the claim-presentation requirements of the Tort Claims Act."

Other damages claims against a public agency usually do. Government Code section 911.2 sets two deadlines. A claim for "injury to person or to personal property" must be presented "not later than six months after the accrual of the cause of action." A claim for "any other cause of action" must be presented "not later than one year after the accrual of the cause of action."

Which clock applies to your claim is a legal question, so assume six months until a lawyer has looked at the facts. The Judicial Council's self-help guide adds a second clock: if the government rejects your claim, you have six months from the date it mailed the rejection to file your lawsuit.

What about whistleblowing and workers' comp retaliation?

• Whistleblowing. Labor Code section 1102.5(b) says an employer "shall not retaliate against an employee for disclosing information" to a government agency or to someone with authority to fix the problem. Labor Code section 1106 applies that protection to public employees. Our guide to Labor Code 1102.5 explains what counts.
• Workers' compensation. Labor Code section 132a says "there should not be discrimination against workers who are injured in the course and scope of their employment." Proceedings go to the Workers' Compensation Appeals Board and "may not be commenced more than one year from the discriminatory act or date of termination of the employee."

What happens after a failed drug or alcohol test?

Federal transit drug and alcohol rules (49 CFR 655) apply to safety-sensitive functions, which include operating a revenue service vehicle and "Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service."

Under 49 CFR 655.61, after a verified positive drug test, an alcohol result of 0.04 or above, or a refusal, the employer "shall require that the covered employee cease performing a safety-sensitive function."

Under 49 CFR 40.305, a substance abuse professional (SAP) must first find that the employee complied with the prescribed education or treatment. The employer then "must ensure that the employee takes a return-to-duty test," with a negative drug result and an alcohol result "of less than 0.02." The rule calls returning the employee "a personnel decision that you have the discretion to make, subject to collective bargaining agreements or other legal requirements." A union contract's discipline steps and time limits can therefore matter.

The ATU contract has its own, separate medical-exam clause. An employee charged with being under the influence of alcohol or drugs on duty, or on Authority property, is asked to submit to a medical examination before discipline, and "Refusal on the part of the employee to submit immediately to this test and to sign the consent form will constitute acknowledgment by the employee of their guilt." That is a contract rule. It is not the federal refusal rule in 49 CFR 655.61 described above, which governs removal from safety-sensitive work. Talk to a lawyer before you decide whether to decline any test.

What should you do in the first week?

Public employees may also have pre-discipline rights. Our guide to Skelly hearing rights explains them: a permanent public employee generally has the right to written notice, the reasons, and a chance to respond before discipline. Our public sector employment practice covers cases against public agencies.

1. Get the written decision and note its date. Under the ATU contract, the union's 30-day appeal runs from the Step One or Initial Disciplinary Hearing written decision, so that date matters.
2. Know that the appeal goes through the union. Under the ATU contract the Step Two appeal and arbitration belong to the union, so a request goes through your union representative.
3. Write down the timeline and keep your records. The claims above turn on dated events: the incident, any leave, any accommodation request, any report you made, any workplace injury. Medical notes, leave approvals, accommodation letters and discipline notices are the documents they draw on.
4. Talk to a lawyer before the first deadline. Under the ATU contract the union's appeal window is 30 days, and a government claim can be due in six months. A lawyer can check which claims and which clocks apply to you.

Frequently asked questions

Can LA Metro fire me without a hearing?

Under the ATU Local 1277 contract, no. That agreement says that before an employee it covers is discharged, "a hearing shall be set where the employee may present their case." That contract covers only the classifications its Article 1 lists. The contract covering operators was not reviewed, so check which contract covers you and ask a lawyer how its steps apply to your job.

Is the CRD deadline the same as the grievance deadline?

No. A Civil Rights Department complaint alleging a fair employment (FEHA) violation is due within three years of the unlawful act, under Government Code section 12960(e)(5). A union grievance runs on contract days instead: under the ATU Local 1277 contract, the union's appeal is due within 30 days of the written decision. Ask a lawyer to list every deadline for your facts before the shortest one passes.

Is LA Metro covered by California's fair employment law?

The law's definition of an employer reaches political subdivisions of the state, and Metro has defended FEHA and CFRA claims in court. In Lares and the firm's Grant case, Metro was a defendant, and neither ruled on whether Metro itself counts as a political subdivision. A lawyer can tell you how the law applies to your facts.

Can I sue LA Metro for wrongful termination in violation of public policy?

Not as a common-law claim. In Miklosy (2008), the California Supreme Court said section 815 bars Tameny actions against public entities, and a Tameny action is the court-made claim for wrongful termination in violation of public policy. The routes against Metro are statutory claims, such as discrimination, medical-leave and whistleblower claims.

Do I need a government claim before I sue LA Metro?

It depends on the claim. A fair employment (FEHA) claim does not need one. Other damages claims against a public agency usually do: six months for injury to person or to personal property, or one year for any other cause of action. Which clock applies is a legal question, so assume six months until a lawyer has looked at your facts.

What happens if I refuse a drug or alcohol test at Metro?

Under 49 CFR 655.61, a refusal calls for the employer to require the covered employee to stop performing safety-sensitive functions, as a verified positive result does. Your contract's discipline steps and time limits can also apply, and a separate contract clause covers refusing a medical exam. Talk to a lawyer before you decide whether to decline a test.

The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2027), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: November 12, 2026.

Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.