Legal Question in Employment Law in California
Feha appt & question
I have an appt w/FEHA in October. After speaking to the EEOC they don't have jurisdiction since this involved a co-worker. It's been a long period of ''general'' harassment and retaliation after two nasty comments about/toward me at my former place of employment.
My question is what is a ''right to sue'' package? Is this advisable to request at the meeting with FEHA or see if they can investigate first on retaliation?
What protection is given to the witness to the comments and other harassment? She is still employed there and frightened of being terminated.
2 Answers from Attorneys
Re: Feha appt & question
Do not have enough in your question to respond. Please call to discuss actual facts and I can them make recommendations or at least, suggestions. Don Holben 800-685-6950
Re: Feha appt & question
There are two ways to file a complaint with the DFEH. One way is to ask that they conduct an investigation after the complaint is filed. Sometimes, if they find that your rights were violated, they can file a lawsuit on your behalf, but this happens rarely. More often, they will try to mediate a settlement and if that fails, issue a right to sue letter after the investigation is closed.
The other way is the "right to sue" package you refer to. This is where no investigation is conducted by the DFEH but they file a complaint and immediately issue a right to sue letter, meaning you can now file a lawsuit in court.
Do not choose the second option unless you have retained an attorney to file suit for you. The clock starts ticking once the right to sue letter is issued, meaning you must file suit within one year from the date of the letter.
Witesses are protected by law. It is unlawful for an employer to retaliate against an employee who participates in a DFEH investigation. This may not make the witness feel better, but he/she does have remedies.
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