Legal Question in Employment Law in California

Dfeh

RE:Government section code 12962.

I have received a letter from DFEH through my attorney at a time. on the letter it states Government code Section 12962, you are responsible for service of the complaint on respondent. You should also enclose a copy of the Notice of case closure along with the complaint. These documents must be served within 60 days fo the filing date fo the complaint. Gornment code section 129622(b) further provides that complaints must be served either personally or by cerfified mail with return receipt requested.

My Question to you is the 60 days statu is counting as of filing date of complaint to DFEH or after filing a complaint to court ( lawsuit)in 60 days.

I thank you very much for your help


Asked on 3/01/07, 12:20 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Dfeh

The letter refers to the complaint filed with the DFEH that must be served on the employer within 60 days. This applies when you are represented by an attorney. Discuss this with your attorney.

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Answered on 3/14/07, 3:40 pm
Amy Kleinpeter Clark Kleinpeter Law

Re: Dfeh

Hello!

The 60 days is counting from the DFEH complaint. You have one year from the date of your Right to Sue letter (that should have accompanied the letter telling you about Government Code 12962) to file your suit in Court.

Just a note, though -- I do not want to encourage anyone to ignore the law, but in all cases I have heard of where a DFEH complaint and Right to sue letter was served later then 60 days after filing, it was never a problem. I wish I had legal authority on why this is, but I do not. If you are within the 60 days, then clearly serve it soon. If not, serve the complaint and right to sue letter as soon as possible.

Best of luck to you!

-- Amy Kleinpeter

http://www.amykleinpeter.com

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Answered on 3/15/07, 12:12 am


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