If you feel that you have been the
target of harassment or discrimination in the workplace, you should contact an employment lawyer sooner, rather
than later. Employment law establishes specific procedures for filing
complaints. Your employment lawyer will help you preserve your employee
rights at your job in San Jose, CA.
Before taking action under California labor law, your employment law attorney
will likely advise you to provide notice of the unacceptable practices
at your workplace. If you decide to file a lawsuit later, your lawyer
will need to prove that the behavior in question was not welcome. You
can protect your right to seek damages by advising the harasser that his
or her behavior is unwelcome or that you find it offensive. It may be
best to do so in writing; however, if you have a verbal conversation,
be sure to make a written record of it. If you are concerned for your
safety, you may wish to avoid giving notice to the harasser and instead
file a complaint with the human resources department. Keep a copy of the
complaint. If you intend on filing a lawsuit against the company, your
employment law attorney may need to prove that the company knew about
the problem, but failed to take appropriate corrective actions.
Filing an Administrative Charge
If the harassing or discriminatory behavior does not stop, consider talking
to your employment law attorney about filing an administrative charge
with the Equal Employment Opportunity Commission (EEOC). Filing a lawsuit
before filing an administrative charge may result in the dismissal of
your lawsuit. The EEOC or your state agency will notify your employer
of the charge and may decide to conduct an investigation. If the EEOC
declines to file a lawsuit on your behalf, it will furnish you with a
“right to sue” letter.
Filing a Discrimination Lawsuit
Let your attorney know as soon as you receive the right to sue letter.
Once you have this document, you do indeed have the right to file a lawsuit.
Your attorney will determine the most appropriate defendants to name,
such as your harasser or the company, and will represent you in court
if the case goes to trial.