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I recently gave my two weeks notice at my current job and am…

Customer Question
I recently gave my...

I recently gave my two weeks notice at my current job and am wondering about the best time to file a complaint Before leaving or after departure?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are several individuals who could testify to physical and emotional abuse by the executive director

Submitted: 11 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/18/2017
Employment Lawyer: John, Employment Lawyer replied 11 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,046
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

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Employment Lawyer: John, Employment Lawyer replied 11 months ago

Is this just an internal complaint or are you planning to file a complaint with the state or federal agency?

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Customer reply replied 11 months ago
I am not sure how it would work. Ideally I would want to give the association time to rectify the situation prior to making further claims, but I will have departed employment by that time.
Employment Lawyer: John, Employment Lawyer replied 11 months ago

Unless you're concerned about them terminating you for making the complaint, which itself would be a violation of the law, there is no risk in you reporting it right away. However as you point out, being that you plan to leave within two weeks you'll never know if your complaint resulted in any change in procedures or actions at the employer in any event. With that being said, if you wish to avoid the possibility of retaliation (i.e., work until your last day) it's just as good a solution to make the report on your last day or in an exit interview if they have that at your employer because you never know of the outcome anyway.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 11 months ago
My concern is the history of the executive director throwing lamps, screaming over coworkers who are hiding, crying and shaking under their desk out of fear of her. Her throwing clipboards at coworkers yelling how she wants to kill herself or scratching a former employee across the face while trying to attack yet another. I am trying to avoid physical retaliation for every single person in this office, but I am unsure the most strategic and safest way (for all) to accomplish this.
Employment Lawyer: John, Employment Lawyer replied 11 months ago

The best way to handle this would be after you left to write a letter to the CEO and/or executive board explaining the situation. Clearly, they have someone there was physically abusing employees, then they should address it as that's a liability to them.

Hope this answers your questions. Thanks.

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Employment Lawyer: John, Employment Lawyer replied 10 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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