FAQ

  • Discrimination

    • What is the EEOC and what does it do?
      Workplace harassment charges fall under the jurisdiction of the Equal Employment Opportunity Commission (EEOC). This federal governing body investigates all complaints of harassment or discrimination in the workplace and makes recommendations to employers who they determine are in violation of state and federal employment law. In many cases, you must file a complaint with the EEOC and receive a “go-ahead” to file a claim against an employer for workplace harassment.
    • How do you file a workplace discrimination complaint?

      In California, you may file a workplace discrimination claim with one of two agencies: The California Department of Fair Employment and Housing, or the EEOC. These two agencies have a “work-sharing agreement,” which means they work together to investigate and process claims. As long as you indicate you want to “cross-file” with both agencies, you don’t need to file a claim with both.

      California anti-discrimination laws cover smaller employers who do not fall under the umbrella of federal law. If you work for a smaller company (between 5 and 14 employees), you should file your claim with the DFEH instead of the EEOC. The federal organization only covers employers with 15 or more employees. If your organization has at least this many employees, you may choose to file with either.

      To file a claim with the DFEH, contact the headquarters using their toll-free hotline for employee discrimination. Once you speak to a representative, you will set up an appointment at a district office and talk about your harassment or discrimination in person.

      Once you file a report with the EEOC or the DFEH, they will investigate your claims and determine if your workplace violated federal or state civil law. If they find evidence of harassment or discrimination, they will inform you and your workplace of any violation, as well as recommended actions. At this point, you will be able to file a private claim with the help of a California civil rights attorney. These claims seek to compensate for any economic and general damages you suffered resulting from workplace harassment. Contact a local Valencia discrimination lawyer if you have further questions regarding your claim.

  • Wrongful Termination

    • How can I tell if a termination is wrongful?

      A protected activity is anything the law gives you the right to do, such as reporting your employer to authorities for fraud, embezzlement, unlawful activities, safety code violations, and wage and hour violations. You also have the right to refuse to participate in unlawful activities at work. If you lose your job because of one of these activities, you are the victim of wrongful termination.

      If you are fired based on other protected reasons, such as age, race, color, national origin, sex, disability, pregnancy, religion, or veteran status, that is also considered a wrongful termination.

    • Do I qualify for unemployment benefits?
      If you lose your job through no fault of your own, you might be eligible for unemployment compensation benefits for up to 26 weeks. California is an “at-will” state, meaning employers have the right to fire employees for any reason, at any time. You can remain eligible for unemployment despite the at-will laws. You can apply for unemployment benefits if you lose your job via termination. If your employer makes conditions at work so unbearable that it forces you to quit, you might have trouble qualifying for unemployment compensation. Keeping a record of conditions at your workplace as evidence of “constructive termination” could be helpful later on.
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