Legal Question in Sexual Harassment in California
hello
can i sue my ex employer for sexual harassment with proof that I have?
4 Answers from Attorneys
Re: hello
Anyone can sue anyone else for anything. Whether you can win is another story. First, there are time limits for bringing suit. Second, your proof must be sufficient to withstand an inevitable motion for summary judgment and then convince the trier of fact that you should receive compensation. Third, there are prerequisites for filing suit, such as filing a claim with the California Dept. of Fair Employment and Housing and receiving a right-to-sue letter. Fourth, if you win, can you collect on the judgment? Is the employer still in business? Does the employer have assets against which you can levy? And fifth, do you have the stomach for engaging in a year-long (or more) emotional roller coaster of a legal battle?
Re: hello
It depends upon how long it has been, and what evidence you have. Contact me directly.
Re: hello
A charge can be brought with the DFEH within one year. A charge before the EEOC must be brought within 300 days.
You might not need to deal with the cost or the agony of a lawsuit. The EEOC/DFEH may be able to bring about settlement on your behalf.
Re: hello
Sure, that's what the law is for. However, you have to bring such claims within one year or lose them. If you are within the year, immediately go to the Department of Fair Employment and Housing, or to the EEOC, to file a 'complaint of discrimination'. That has to be done before you can file suit. If you are still timely, feel free to contact me to discuss the evidence, and your rights and remedies. I've been doing these cases for over twenty years.