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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1831
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am a gay man that has been working for a large construction

Customer Question

I am a gay man that has been working for a large construction firm in San Diego. In 2008 the corp console came and asked me if I was gay. I was stunned by the question. He pressured me into answering him. His first question after I told him was if I had molested any of my employees. Again I was stunned. I said that was a horrible question and I refuse to answer. He than went to each of my employees and asked them if I had tried anything with them. In 2010 I was dismissed for no grounds. He was the one that let me go. During this time, my father was dyeing so I was not in my normal frame of mind. Now that all that is behind me, do I have a case to go after this employer? Or is it too late?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.
First, let me say that I am terribly sorry that you were placed into this situation. It is a shame when an employer acts in such a manner, especially when those actions are both wrong, and illegal. Unfortunately, to have a claim for wrongful termination or hostile work environment, you would have had to file already. In California, the law states that you must have brought your claim within one year of the incident and that you must have filed a charge with the California Deparment of Fair Employment and Housing (DFEH). Additionally, to have been able to file in federal court, you must have filed your charge with the Equal Employment Opportunity Commission (EEOC) within 300 days from the date of the incident. These are the extended statutes of limitation in these cases. Under most circumstances, you would only have 180 days from the date of the incident to actually file these claims.

Because you were dismissed in 2010, the statute has already run in your case. The only possible way around this is if the company did something fraudulent preventing you from filing, or if you were deemed to be mentally incapacitated.

The only other cause of action that may still be available to you would be a breach of contract claim. You mention that you were dismissed for no grounds. If you had a contract stating that you were a for-cause employee and that you could only be terminated for cause, then you would have four years to bring your claim. If, however, you were an at will employee, then the statute of limitations on your very legitimate claim of discrimination would already have tolled.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.
Expert:  Brandon, Esq. replied 1 year ago.

I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. I wish you all the best in 2013.

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