Legal Question in Employment Law in California
I am thinking of sending a letter to a former employer regarding my termination a few months ago. My supervisor had seduced me, and after capitulating, several months later, my termination at the job. I have suffered greatly for this. I believe that I am due compensation by this employer. If I send this letter, prior to filing a complaint with a government agency, what is the chance that they will settle independently, and am I then at risk of being sued? Thanks.
2 Answers from Attorneys
The fact that you waited so long before complaining will raise issues of credibility. The chances of your former employer offering you any meaningful money is not very good and you have to be very careful how such a letter is worded, to avoid being charged with extortion.
If you are going to file a claim, file a claim. Don't threaten them. Be prepared to cite specific facts or evidence to support your claim. If it is just your word against your supervisor's, that this was a quid pro quo kind of circumstance, you will have a hard time winning your case.
You really should get the advice of one or more experienced employment law attorneys before proceeding with this. You have one year to file a claim with the DFEH and 300 days with the EEOC.
IF you have evidence to prove the 'sexual harassment' you allege, then you have grounds for a lawsuit on that basis. You may have witness testimony or other circumstantial evidence to support you. You also have to show the termination was at least partly related to this. If you think you can, then feel free to contact me to discuss the case. I've been doing these for over 20 years.
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