Legal Question in Disability Law in California
False Statements to DFEH by Employer
I am very unhappy with the DFEH employees who closed my claim after receiving the responses from my employer about my accusations. I was livid when I realized that my employer had given false statements that led to the closure of my claim, and I wasn't allowed to respond with my own proof. I have a right to sue letter, but I want to have an opportunity to re-open my DFEH claim, if possible. I at least want a chance to disprove my employer's lies.
4 Answers from Attorneys
Re: False Statements to DFEH by Employer
You shouldn't be worried about DFEH action. It means nothing and their investigation hardly ever leads to anything. It's a rather symbolic step that you have to take before you can sue. The same exact remedies are available to you in court regardless of DFEH findings.
Thanks,
Arkady
Re: False Statements to DFEH by Employer
The whole point of going to DFEH is to get the right-to-sue letter. DFEH is not your fairy godmother. They are not going to investigate or pursue your employer, and they aren't going to get you any money. If there is any useful work performed by DFEH, other than date-stamping incoming complaints and sending out right-to-sue letters, I'm not aware of it.
What's wrong with this picture? You should have retained a lawyer long ago, before you completed the DFEH claim form.
Re: False Statements to DFEH by Employer
I would agree with what the others have stated. If you have a right to sue letter you should find a lawyer to prosecute your claim.
Re: False Statements to DFEH by Employer
You do all those things in your lawsuit. DFEH is not there to do anything but open the file and issue a right to sue letter. If you've got a case with merit, value and collectability, then you'll be able to find counsel to take it. Feel free to contact me if serious and the case meets those definitions. I've been doing these for over 20 years.