California Administrative Law Attorney
Legal Recourse for Victims of Workplace Misconduct
California and federal labor and employment laws dictate how exactly employers
are supposed to run their businesses, care for their employees, and respect
the rights of workers. Many people are aware of their workplace grievance
process. However, did you know that if reporting the issue fails, you
can next seek assistance from a California or federal agency equipped
with the resources to investigate the violation and enforce the law?
The Law Offices of Gay Carroll-Haring assists clients who are victims of
wrongdoing in the office. I can first assist you with reporting issues
to your employer, gathering evidence and documentation, informing corresponding
administrative bodies of any violations, and pursuing a settlement or
other agreement with your employer. When all other potential avenues have
been exhausted, I can help you fight for your rights in court and seek damages.
To get started, simply call my office at 916-443-3553 or
contact me online.
Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) is one of the more well-known
administrative law agencies created to oversee workplace disputes. The
EEOC is a federal body in the executive branch that investigates and prosecutes
- Employment discrimination can be on the basis of:
- Age (Over 40 years of age)
- National origin or ethnicity
- Sexual orientation
- Sexual harassment
If you report discrimination to your employer through its formal grievance
process and do not receive a satisfactory result, you can notify the EEOC.
The EEOC will review your complaint and conduct an independent investigation.
Make sure you preserve any possible evidence, including e-mails, text
messages, voicemails, photographs, and other documentation showing that
the discrimination or harassment occurred.
If the EEOC believes you were discriminated against, the agency will initiate
a case against the employer to obtain damages on your behalf. If the EEOC
declines, a Notice of Right to Sue will be issued, which gives you permission
to file a private lawsuit on your own. You cannot file this lawsuit without
first going through this administrative process. These Right to Sue Notices
have statutes of limitations (timelines) for how much time you have to
file a civil action in a court of law based on the allegations set forth
in your underlying EEOC claim that generated the Right to Sue Notice.
California Department of Fair Employment & Housing
The Department of Fair Employment and Housing (DFEH) is the state-level
version of the EEOC. You must first report the violation to the DFEH.
Like the EEOC, the DFEH will issue a Right to Sue Notice either immediately
upon your initial claim filing, or, if you request, after the DFEH’s
investigation, which then generates a Right to Sue Notice and triggers
your ability to file a private suit.
You can bypass filing with the EEOC and just file with DFEH. It is best,
however, to consult with a seasoned plaintiff’s employment law attorney
to protect your rights and to complete the DFEH claim form in a proper
and timely manner..
California State Personnel Board Hearings
If you are or were employed by a public entity like local or state government,
you can appeal an adverse employment decision like a termination with
the California State Personnel Board (SPB). The SPB will hold an evidentiary
hearing, during which time your public employer must prove that the employer
had lawful grounds to discipline or terminate you. This hearing will involve
both testimony and evidence provided by you and your employer. My office
provides legal assistance to folks needing legal representation in the
California Department of Industrial Relations
The California Department of Industrial Relations is the state agency in
charge of California labor laws, investigation, and enforcement. If an
employer violates a labor law involving overtime pay, sick leave accrual,
medical leave, minimum wage, breaks, or lunches, you can report the violation.
The Complaint Unit will conduct a formal investigation, and the California
Labor Commissioner may fine or discipline your employer.
An Experienced & Respected California Employment Lawyer
For the past 15 years, using my knowledge, training, experience, and technological
know how, I have helped clients report, investigate, and prove violations
before a variety of California and federal administrative agencies. Employment
law is my passion, and I pick and choose which cases I decide to handle,
guaranteeing you more personal attention and one-on-one time with me.
To discuss your case, contact the Law Offices of Gay Carroll-Haring to
schedule an initial consultation.