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Many know the story of David and Goliath — plainly a “little guy” taking on a giant and the “little guy” coming away victorious despite the odds being against him. When it comes to considering suing a large company, you could feel like David trying to take on Goliath. With the proper representation, though, you can feel confident going forward with your claim.
If you are considering filing a discrimination lawsuit against a company contact the California employment lawyers at Strauss & Strauss, APC right away. Our team of attorneys has recovered millions of dollars in damages for our clients and will fight for you to have the best possible outcome.
Bringing Forward Your Complaint
Before going to court, if you feel you have been discriminated against you may want to make a formal complaint. Having your complaint written down and given to your human resources department begins the paper trail that could be beneficial if you eventually go to court. Sometimes, the adverse actions will stop and there will be no need to go to court. There are other times, though, where the discriminatory actions continue to happen despite your formal complaint, leaving you little choice but to file suit.
Sometimes, making a formal complaint is not possible, such as when your direct report is the person to whom you are supposed to make a complaint. In that case, you can contact our office for guidance.
File Your Complaint with the California Department of Fair Employment and Housing
If the discrimination is still continuing despite your formal complaint, then you may want to take your complaint to the California Department of Fair Employment and Housing (DFEH). If you file a formal complaint with the DFEH, this state agency may conduct an investigation of your claim. The investigation may give you a better understanding of whether there are grounds for a potential lawsuit against your employer.
Generally speaking, there are two types of complaints one can file with the DFEH. Before you file a civil lawsuit for discrimination, you have to “exhaust your remedies” with the DFEH. There are two ways to do this. First, you can file a “complaint” with the DFEH, which can result in an investigation and, if the case does not resolve, the DFEH may file a lawsuit on your behalf. This is relatively rare. Most discriminated-against employees take the second route, which is to request a “right to sue” from the DFEH. Getting the “right to sue” from the DFEH can be done entirely online and takes only a few minutes. If you request the right to sue, the DFEH will not do an investigation into your claim, but you can then lawfully file your lawsuit for discrimination in court.
Filing a Lawsuit
If you have grounds for a lawsuit for discrimination, this is when you’ll need an experienced team of employment lawyers ready to represent you. At Strauss & Strauss, APC our attorneys are ready to review your case and help you take on “Goliath.” We never represent employers — only employees — because we believe in fighting for employee rights. Schedule a free case evaluation by contacting our office at (805) 303-8115.