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Northern California Employment Law Attorneys
Administrative Law

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.

Employment discrimination can be on the basis of:

  • Age (Over 40 years of age)
  • Disability
  • Gender
  • National origin or ethnicity
  • Pregnancy
  • Race
  • Religion
  • 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 SPB arena.

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.

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