Legal Question in Employment Law in California

Retailation after return from short term disabilty

I am currently on stress leave - short term disabilty. My boss has consistently harrased me and discrimiated against me due to my age and sex (49 yr old female) My fear is when I return to work my manager will make my life miserable and ultimately be terminated.

I am filing a charge with the California Fair Employment and Housing Dept. but my appointment is not till 12/08. I have informed HR that I'm taking this action. HR then referred me to the company's legal department where I was told in a very threatening tone that they are going to do an investigation of this upon my return. Do I have to talk to them? I don't feel they will be supportive or fair with me. Is there any protection for me against retailation and ultimate termination?


Asked on 11/22/08, 5:39 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Retailation after return from short term disabilty

Hello. It is likely that you have legitimate discrimination and retaliation claims. I wouldn't place too much value on the Fair Employment and Housing Act's investigations, as their work is usually a pure formality, leading to an issuance of a Right to Sue letter (as you can't sue in court before exhausting administrative remedies).

Investigation is actually a good thing, as your employer has a duty to investigate promptly and thoroughly allegations of harassment and issue formal findings. You should participate in an investigation, provide your side of the story as accurately as possible and then await the results.

Thanks, and feel free to follow up.

Arkady Itkin

San Francisco and Sacramento Employment Lawyer

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 11/25/08, 3:35 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Retailation after return from short term disabilty

If you are located in Orange, San Diego or Imperial counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 12/29/08, 2:41 pm


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