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Are you allowed to state whether or not I may have a viable…

Customer Question
Hi, are you allowed...

Hi, are you allowed to state whether or not I may have a viable lawsuit or not?

Lawyer's Assistant: Because laws vary 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?

Full time.

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

It is a discrimination case. I'm a manager at Kaiser (very large multi-state HMO hospital)

Submitted: 8 months ago.Category: Employment Law
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Answered in 2 minutes by:
11/30/2017
Employment Lawyer: Ray, Employment lawyer replied 8 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,854
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 8 months ago

Can you tell me more here, have you filed with EEOC?Thanks.

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Customer reply replied 8 months ago
No. I am a female, ethnic, 40 year old manager with Kaiser (a large HMO hospital in multiple states). I have no prior history of discipline and the excellent employee reviews. I had dated a direct report and disclosed it to HR. I ended the relationship which only lasted about a month. One year later he comes back after I discipline him because of two patient complaints. He writes a 4 page defamatory letter and gives it to his former colleague (who happens to be the Chief MD of the department). The letter is then given to my boss, the Director. The employee is not citing sexual harassment but disparate treatment. He is asking for all discipline to be revoked and cleared from his record. He has a record of 3 patient complaints (I have no employee in his job class with even 1). I am told that I am to be disciplined for not having told my boss (though I told HR). I look up policies and I have no broken any. There are other discriminatory acts, but the most obvious is today when all the other managers and the supervisor I manage receive a "spot bonus" but I do not. I have texts where it shows that I am commended for my excellent work. I asked to move to another department, but I am told I am very good at this one and it has been four months after this has all occurred and I have no discipline on my file to warrant not receiving a bonus. I have not filed with the EEOC yet.
Employment Lawyer: Ray, Employment lawyer replied 8 months ago

That would be your next step.EEOC will investigate and issue a right to sue letter.You are then able to resolve it with employer or sue them.This may well be sex, age or other discrimination .Filing with EEOC here also protects you against retaliation as well.

EEOC file here

https://www.eeoc.gov/employees/charge.cfm

I appreciate the chance to help you tonight.Thanks again and the best here.

If you can positive rate 5 stars it is much appreciated.

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Employment Lawyer: Ray, Employment lawyer replied 8 months ago
Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 8 months ago

EEOC

f you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action.

All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it.

You appear to have great facts.I hope you will pursue this.

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