In order to sue in California, you need a Right to Sue letter. The two agencies that oversee suing for employment discrimination are the EEOC (Equal Employment Opportunity Commission) and the DFEH (Department of Fair Employment & Housing). The EEOC is the federal agency and the DFEH is the state agency. A Right to Sue letter from one is the same as a Right to Sue letter from the other.
Sometimes employees come to us and tell us that they do not know why they were fired. Obtaining those answers is very important. Under Labor Code 11 98.5, you have the right to your employment file, which might hold the answer to why you were fired.
What Basis Does An Employer Have To Refuse To Tell An Employee Why They Were Fired?
California is an at-will employment state. Unless you are a member of a union, you are an at-will employee and you can be fired for any legal reason. You also have the right to quit work at any time. However, an employer is not able to fire an employee for an illegal reason. So, rather than do that, the employer will come up with an alternative reason and not share that reason with the employee. Once we obtain the employee’s personnel file, we might be able to discern what the real reason is.
What Happens Once A Company Receives An EEOC Charge Of Discrimination?
What happens once a company receives a charge of discrimination depends on whether it is an immediate Right to Sue letter or whether the EEOC has chosen to investigate the complaint. That decision is the right of the employee. If the EEOC is investigating, the employer must provide the EEOC with a response. After that response, the EEOC may ask for further elaboration and then will either decide to take on the case themselves or issue a Right to Sue letter.
For more information on Agencies Overseeing Employment Discrimination, an initial consultation is your next step. Get the information and legal answers you are seeking by calling (562) 630-1500 today.