California Employment Law
California Employment Law Questions Answered by Legal Experts
Good afternoon Paul, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
I've been a licensed CA attorney for nearly 3 decades, and for two of those, I have handled employment discrimination law and litigated cases against employers. Your description of the situation seems to indicate that there may well be discrimination going on based on your race/national origin. CA law prohibits harassment and discrimination in the workplace and if this is happening to you, you do have a legal remedy. Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards XXXXX XXXXX as undesirable or offensive.
In CA you have two possible avenues of approach to dealing with discrimination. If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well. You must file a formal complaint of discrimination with the EEOC within 300 days of the alleged discriminatory act, and within one year for the CA DFEH.
You may file a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your race and/or national origin. To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(NNN) NNN-NNNN or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you. Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees (the DFEH only requires that there be 5 or more employees, and only one if the claim is based on harassment), they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(NNN) NNN-NNNN EEOC website: www.eeoc.gov Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.
After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.
Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.I wish you the best in your future.Doug
I asked for a servrance package of six months what is reasoanble?
Good afternoon Paul, If you are comfortable with a 6 month severance package, that is reasonable. It is physically impossible to even guess at the value of a discrimination claim because much of the damages are a result of income loss that you suffer after being let go or constructively terminated. If you like your job and would like to keep it, then the complaint to the DFEH is really the way to begin this process. But if you want out----the severance package would be reasonable as well. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013, Doug
Doug, I do want out if they do not give me a packaged. Should I include my co workers on the complaint?
Good evening Paul,
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Have a great weekend,
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