Legal Question in Employment Law in California

Wrongful Termination

I was terminated from my position. I requested the most minimal of accommodation and still terminated.

Complained to FEHA, they issued right to sue ltr and I filed complaint in California Superior Court

FEHA automatically then turns it over to EEOC and EEOC issued me a right to sue letter but I was already filing in State Court

Defendant had case remanded from State Court to Federal Court.

Now they are saying my case is time barred because I didn't meet EEOC filing deadline but I DIDN'T file with EEOC, I filed under DFEH FEHA in State Court.

How do I handle this? I know NOW that I should have tried to get it remanded back to State Court but I thought if the Court allowed it to be sent to Federal, it must be the law and right.

Any who can shed some light will be most sincerely appreciated


Asked on 7/06/02, 3:56 pm

3 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Wrongful Termination

As I am sure you are aware, you are involved in some fairly complex litigation and the other side is taking advantage of your in pro per status. If you would like an opinion on your options, feel free to contact me.

Good luck!-Martin

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Answered on 7/18/02, 12:20 pm
Terry A. Nelson Nelson & Lawless

Re: Wrongful Termination

If you timely filed with the DFEH right to sue letter in your state court filing, your case probably should not be dismissed on that basis. But, if you are representing yourself without knowledge of the legal system, anything can happen. If you wish to discuss having counsel to represent you, please call or email. 714 960-7584

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Answered on 7/08/02, 3:09 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Wrongful Termination

I gather a motion to dismiss has been filed. You need to respond to that motion. You would be well served by obtaining representation. This is a matter for which an experienced hand in legal strategy in needed. Don't try to go through this by yourself, get the results that you deserve. Please call me directly at (619)222-3504

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Answered on 7/09/02, 7:10 pm


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