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Lee Allan Miller

Lee Miller’s Answers

2 total

  • Is it retaliation if....

    I had a legal/employment related issue about some things going on at my work and I spoke to an attorney about it. The attorney then called the legal department of my company to discuss the issue, and we worked it out. No harm, no foul. If my em...

    Lee’s Answer

    It depends on the facts and circumstances of your specific situation. In order to establish a claim for retaliation, an employee must typically establish that he or she engaged in “protected activity” (i.e. opposed unlawful conduct, made a complaint of workplace discrimination or harassment, etc.) and that he or she was subjected to an "adverse employment action” because of that activity. I highly recommend that you speak to an attorney specializing in employment law in order to get an answer to your question.

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  • Can I file a complaint with the CA Dept of Fair Employment and Housing

    Can I file a complaint with the CA Dept of Fair Employment and Housing for discrimination I signed an agreement binding me to resolve all disputes in arbitration, not the courts?

    Lee’s Answer

    Yes. In fact, you will be barred from pursuing any claims under the Fair Employment and Housing Act, whether pursued in court or through arbitration, unless you first exhaust your administrative remedies by filing an administrative complaint with the Department of Fair Employment and Housing.

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