Legal Question in Employment Law in California
Right to Sue Letter coming soon
After complaining to my supervisor of what I considered discrimination at the workplace, my supervisor refused to put me on the work schedule.
When I made contact with her, I told her I felt she was retaliating against me and not working me because I complained about the discrimination. I threatened to take the company to the authorities. The company still did work me. Now they claim I abandoned my position, but I have evidence that I did not (ie phone logs and witnesses to say otherwise). EEOC is no help, neither is Labor board. They only see that the employer is claiming abandonment. I will be receiveing a Right to Sue letter very soon. I need advice. I am in the Inland Empire, CA. Is there someone who can assist me locally?
Thank you.
3 Answers from Attorneys
Re: Right to Sue Letter coming soon
Prohibition against discrimination applies to certain classes of people, including, but not limited to race, gender, national origin, sexual orientation, age, disability, medical condition, and religion, among others. If the discrimination is against another of a protected class as listed above, and you protested or reported such discrimination, then retaliation against you could violate at least Government Code section 12940(h), which states: "It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: ... (h)For any employer, .... to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part."
You might go to the website of the California Employment Lawyers Association ( http://www.celaweb.org ) and locate a member who handles such cases and is based in a city near you. There are strict time limits for filing a complaint with the DFEH if the EEOC hadn't jointly filed with the DFEH.
Re: Right to Sue Letter coming soon
The Labor Board has nothing to do with discrimination. EEOC and DFEH do, but all you can normally expect from either is to accept your Complaint for filing, and issuance of a Right to Sue / Case Closure letter.
IF, and only IF, you have credible admissible evidence [witness testimony or documents], to prove the elements of your illegal retaliation claims, including proof of actual illegal discrimination to start with, and your word does not count as evidence, then feel free to contact me to discuss your rights and remedies. Understand, you have to prove your case, simply saying 'it happened' is not proof.
Re: Right to Sue Letter coming soon
The Labor Board has nothing to do with discrimination. EEOC and DFEH do, but all you can normally expect from either is to accept your Complaint for filing, and issuance of a Right to Sue / Case Closure letter.
IF, and only IF, you have credible admissible evidence [witness testimony or documents], to prove the elements of your illegal retaliation claims, including proof of actual illegal discrimination to start with, and your word does not count as evidence, then feel free to contact me to discuss your rights and remedies. Understand, you have to prove your case, simply saying 'it happened' is not proof. Also, what you 'consider' to be discrimination may not be. However, you may be able to prove illegal retaliation, even if you can't prove actual discrimination.
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