Legal Question in Employment Law in California

Re: is there a way to expedite the ''right to sue'' process?

An attorney can file the form and receive an immediate right to sue letter (thousands of dollars is a bit outrageous to fill out the form) . . . you should go to the DFEH office and fill out the questionnaire on Monday -- and they should be able to fill out the complaint for you on that day -- there will be an interview where they ask you a bunch of questions. . . The problem with you doing it on your own is that you may not give them all of the relevant info, and later lose rights that you should otherwise have sued for. . . There are also times that the employees at DFEH who interview you will not ask the right questions and will tell you that you do not have a case (really something they are not allowed to do.) You should probably type up a detailed outline of the events that happened at work, the dates that things happened, etc. before you go in. . . . remember that in the case of a continuing violation -- where events continued for a long period of time, you should mention that events were continuing. . . Also, here's an outline of what info you should include in your set of facts: DISCRIMINATION means that you were treated differently in the terms and/or conditions of work, e.g., pay, benefits, promotion, termination, because of your race, age, sex, disability, etc. HARASSMENT means that people did things to you -- made rude comments, were physically intimidating, etc. because of your race age sex, disability, etc. RETALIATION means that because you made a complaint about illegal conduct, you were harassed, terminated, and/or discriminated against. The more facts you provide on the questionnaire, the better it is for you in the long run, when you file a lawsuit. If you have typed the facts beforehand, you can attach it to the questionnaire.

ONE LAST THING: If you were fired or laid off, you should still go to DFEH, but for the termination or layoff only, you have two years to file a lawsuit, as long as that termination or layoff happened 2003 or later. . . Feel free to write or call me if you need more info (if you are in the Bay Area, you could possibly come in to sign a form for filing on Monday -- attorneys have their own forms and procedures re: DFEH.) You might also look at a website called, celaweb.org -- for a list of plaintiff's employment attorneys. Good luck.

Re: is there a way to expedite the ''right to sue'' process?

Run down to the DFEH office on Monday with your complaint form and request for right to sue, and an extra copy. Ask them to date-stamp your copy as received. It's the date you file the complaint that is of concern right now, not the receipt of the right-to-sue letter. You will have one year from the date the right-to-sue letter is issued to bring a lawsuit for discrimination.

Re: is there a way to expedite the ''right to sue'' process?

How much will you pay solely to reserve that right?