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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118122
Experience:  20+ Years of Employment Law Experience
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Received a letter to sue from the EEOC in California

Customer Question

Received a letter to sue from the EEOC in California regarding pregnancy discrimination. I have been having a difficult time ontaining a lawyer. It will be 90 days this Monday 3/14, therefore I will need to file with the courts on my own until I get a lawyer.
Questions:
1. What kind of packet or documents do I request?
2. Do I have to put a dollar amount? If "yes" how do I determine that number?
3. Is there anything I need to know regarding filling out this paperwork?
Thanks in advance!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Here is a sample of what a complaint on pregnancy discrimination should look like if you want to file your own complaint to stop the statute of limitations; http://reporter.blogs.com/files/warnersdiscrim.pdf
Your dollar amount would be based on the emotional harm and actual losses you suffered as a result of the employer's conduct. Damages, as you can see in the sample are not specific, they are "according to proof," which is a way to say damages will be determined by the court based on your evidence.
Also, you need to file with your suit the Civil Case Cover Sheet http://www.courts.ca.gov/documents/cm010.pdf
Also, you need a SUM 100, http://www.courts.ca.gov/documents/sum100.pdf and proof of service 010- http://www.courts.ca.gov/documents/pos010.pdf
You need to have the defendants served the copy of the complaint and summons by a local process server and you file your original complaint with the clerk of court and once served the server files the POS 010
Customer: replied 1 year ago.
Thank you for your quick response. I think I forgot to mention this...o have a pending case with the labor department. The lawyer that I am speaking to know (not yet representing me) wants to pull my case out of the labor department (my complaint for the labor Dept. Is just my commissions, reimbursements, and meal/breaks) and file at the court combining everything together. Should I include those numbers in my discrimination complaint or keep them both separate?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The attorney you are talking to is right, now you have your EEOC letter. Withdraw the labor department complaint and pursue this in court and add in the wage claims into the discrimination suit. I would keep it all in one suit.
Customer: replied 1 year ago.
Okay, not sure what number to come up with regarding the pregnancy discrimination. I do know the other numbers.Okay, let me run this by you one more time.1. Go to the court house and ask for a complain packet do I ask for the pregnancy discrimination one still? Now, that I am combining everything in one?
2. Ask for a civil cover sheet. Can I use the one you provided?
3. Ask for proof of service and the other form the process server will fill out.Let me know if I missed anything.I should of gone to law school should I known this was going to be complicated and stressful because of deadlines.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You do not need to come up with a number for the pregnancy discrimination, see what I said above, you ask for a just amount as your proof of damages will show.
There is no complaint packet at court, that is why I sent you the link above for a sample of what your complaint would look like, you have to write your own. You can use the civil cover sheet and proof of service at the link I provided you.