Here are 10 questions you should ask when interviewing lawyers to handle your wrongful termination or workplace harassment case:
If a California employee wishes to file a discrimination lawsuit against an employer, she/he must first file a complaint with the California Department of Fair Employment & Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC) and obtain what's called a "right to sue" letter. This process is also known as "administrative exhaustion". The systems are now highly automated and charges can be filed online. The EEOC permits you to mail in a letter containing the following information:
Often times when an employee has been terminated, he or she feels as though the termination is wrongful. They may have been treated unfairly or given a reason for their termination that they know to be untrue. Whether or not a termination is wrongful from a legal standpoint, however, involves a different type of analysis.
Just because your employer has given a false reason for your termination does not necessarily mean that you have a case for wrongful termination. The key is whether or not the reason given by the employer is merely an excuse, or pretext, for an illegally motivated termination.
When I began practicing employment law, I kept asking myself the same questions:
Numerous federal and state statutes protect equal opportunity in the workplace. The analysis applicable under most of these laws derives from Title VII of the Civil Rights Act of 1964. California's Fair Employment and Housing Act (FEHA) generally follows this federal law, but features some slight variations that are often advantageous to plaintiffs.
Workplace discrimination can occur in numerous forms. Federal and state laws not only prohibit an employer from taking adverse action against an employee due to that employee's protected characteristics (such as race, religion, national origin, or disability status), they also forbid employers from discriminating against employees on the basis of the protected characteristics of those with whom they closely associate.
California's Fair Employment and Housing Act (FEHA) offers plaintiffs many advantages over its federal counterpart, Title VII of the Civil Rights Act of 1964. These advantages are particularly significant in the area of harassment.