Legal Question in Employment Law in California
Wrongful Termination - EEOC or DFEH?
After 7 years' employment at a large California law firm, having been given good reviews, and having had excellent work habits, etc., I was fired. I was not given any reason whatsoever other than I was an at-will employee; however, I believe I was fired because of racial discrimination. I have been told by attorneys that I must file my complaint before October 1999 either with the EEOC or with the DFEH. Which one would be the better choice and why?
1 Answer from Attorneys
Re: Wrongful Termination - EEOC or DFEH?
The DFEH and EEOC share the investigation of cases. However, the DFEH might be a better choice because you have one year from the date of the adverse employment activity to file a complaint with DFEH and less time to file with the EEOC.
Additionaly, you have one year from the time you receive a "right-to-sue" letter from the DFEH to file a civil action whereas, you have far less time on a right-to-sue letter from the EEOC.