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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11866
Experience:  Significant experience in all areas of employment law.
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I was issued a letter with right to sue my employer for racial

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I was issued a letter with right to sue my employer for racial discrimination and retaliation. The letter has expired but I have had my wages reduced by the same person who i filed the charge against using a contractual guideline he had not enforced for the entire 6 years I have worked for him. After I made statement regarding behavior of a company emplyee, this supervisor of mine contacted the supervisor of the employee in question and the next day my wages were reduced usnig the contract that he had failed to enforce for 6 yrs. I have actually had my wages reduced before dating back to 2009. Can I reopen my case against this supervisor and sue the company?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

A claimant typically has one year from the issuance of a DFEH "right to sue letter" to file a lawsuit. Once that period has passed, the claim is typically barred.

However, if a new cause of action for discrimination arises on the basis of new facts, that would not be barred because it is separate and in addition to the facts that gave rise to the initial "right to sue."

Thus, if your wages were reduced in retaliation for filing or contemplating filing a discrimination suit, or if the reduction was provably motivated by your race, then you would typically have a NEW basis to sue that would not be barred by the expiration of your original "right to sue" letter.

The question is whether these new developments are sufficient to constitute retaliation or discrimination on their own. If they are, then a new claim has arisen and can again be filed.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
Customer: replied 5 years ago.
i have also been reminded that my salary was reduced long before my chrages were brought against him. In 2009 ,he reduced my wages to match those of newly hired inspectors due to complaints about what i was making.
Expert:  Patrick, Esq. replied 5 years ago.
Thank you for your followup.

Whether or not your wage reduction was motivated by your race or other illegal factors is a "question of fact," meaning that ultimately it is up to a jury to decide what the true reasons for the reduction actually were.

Thus, if the wage reduction was recent and you can demonstrate that it was racially motivated to the satisfaction of a jury, you may be able to collect on that claim.

However, if the wage reduction occurred more than 300 days ago or you were notified of it more than 300 days ago, the deadline for filing a complaint with DFEH has probably already passed and the claim would be barred.

Again, my number one goal is that you are satisfied with my answer. If you are, I would greatly appreciate your "accept." If you still require further clarification, I am happy to continue assisting you.


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