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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34171
Experience:  Retired (mostly)
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I have received a complaint from the Ca Fair Employment and

Customer Question

I have received a complaint from the Ca Fair Employment and Housing Commission regard a verbal and physical harassment fro a person that was to be an Independent contractor. I know that she is false in her accusations. She has never returned the agreement or W-9 I asked her to submit to me back in February 2011. Now she claims that I have inappropriately hugged and kissed her cheek without her consent. She initiate the hug and the French culture style of saying goodbye, by kissing on the cheek. She also claims that I would tell her I love you. I never remember saying I love you in a relations manner only as a friend saying good bye. Now what?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Is this a "formal complaint," i.e., an "Accusation" with a blank "Notice of Defense" included with which you can respond?

Customer: replied 3 years ago.
The form is a 30 day request to Response to A Complaint of Discrimination, I am to respond in detail to each allegation contained in the Complaint it is a formal request.
Expert:  socrateaser replied 3 years ago.
Okay,

You don't actually have to provide anything other than to return the notice of defense with a request for a hearing. However, a lawyer would likely respond to each accusation and provide any available defenses to the accusations in order to put the matter fairly before the administrative law judge.

The administrative hearing process is much faster and less costly than a regular lawsuit -- however, that works both ways, because you can lose a lot faster, and not be able to force a settlement as easily as you might in Superior Court, where the litigation costs sometimes make continuing legal action for your opponent impossible to bear.

You can make an electon, right now, to transfer to the Superior Court by serving notice on the DFEH within 30 days of service of the Accusation/Complaint of your eletion to transfer. This means a full-blown lawsuit between you and the DFEH, unless it decides to voluntarily dismiss the action and let the complaining party refile the action against you in court.

Frankly, this is nothing to mess around with. If you try to defend yourself, you may lose and never know why.

For an employment rights attorney referral, see this link.

Hope this helps.

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