Legal Question in Employment Law in California

Will filing a complaint against my employer with the EEOC and DFEH stop them from terminating me or at least delay them from terminating me?


Asked on 4/25/12, 2:22 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Attorneys do not have a crystal ball to predict the future. There is no way to know if filing an administrative complaint will prevent a termination from occurring. If the employer is determined to do so, it may certainly go ahead and take their chance. As an employee rights attorney, I do get calls from people who anticipate getting fired and file bogus claims thinking this will save them. It usually doesn't.

If you have a legitimate basis for claiming unlawful discrimination, preferably which has already been complained of internally, go ahead and file your claim. If your employer fires you anyway, it may have increased its exposure by adding the additional charge of wrongful termination.

A case is only as strong as the evidence to support the allegations. If you believe you have been discriminated against you need to do something about it without fear of retaliation. The alternative is to do nothing.

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Answered on 4/25/12, 9:42 am
Terry A. Nelson Nelson & Lawless

Not unless they really are guilty of discrimination and fear a loss at trial. That is the same answer given to the earlier almost identical question.

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Answered on 4/25/12, 10:43 am


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