Legal Question in Discrimination Law in California

Re: Employee Files False Claim w/DFEH

If you're contacted by the DFEH, set forth in writing every reason you terminated the employee and her efforts to find allies. You might seek a lawyer's help for this, since you don't want to inadvertently say things that you shouldn't.

You said "small." If you have fewer than 5 employees, DFEH won't even assert jurisdiction over the matter.

She has every right to complain to the DFEH. Let the DFEH do its investigation and eventually tell her to get lost. It is not considered defamatory because it's a report to a government agency, which is absolutely privileged.

Re: Employee Files False Claim w/DFEH

When a former employee starts contacting current employees for information, the things you can do include requesting your current employees not to speak with her (but you should not make it a condition of employment or threaten any adverse action if they do, otherwise you could subject the company to a

claim of retaliation by the current employee); you can have counsel write a cease and desist letter, which may or may not work.

As far as getting her complaints against other employers, you could get that information during

litigation, but it is difficult to get from the DFEH directly as the

complaints are private. However, some information can be obtained by

claiming you are so entitled under the Freedom of Information Act. Yes, it would be illegal to file a false claim with the DFEH, however, I have never heard of anyone prosecuted for same. But if you could prove it was a shakedown scheme she engages in, the district attorney may be interested in prosecuting for extortion and various other crimes.

If you would like help to difuse the matter the best way you can, please contact our office.

Re: Employee Files False Claim w/DFEH

If 'small business' means less than 5 employees, then she has no claim. Regardless of size, for now let the agency handle it. Thoroughly explain the truth and background to them, and provide them your eyewitness to interview about the 'other claims'. Do nothing that could be misconstrued as 'threats' or pressure on her to drop her claim. However, you could get an attorney to write a careful letter making clear you won't 'roll over and play dead' here. Feel free to contact me if you get serious about that legal help.

Re: Employee Files False Claim w/DFEH

You already have two excellent answers.

I would contact an attorney to write a strong letter to her and let the DFEH conduct its investigation.