I was told that one has 6 months to file a complaint while the other has 12 months.
I am in California and this state agency is out of state - I worked remotely part time.
My goal is re-conciliation through EEOC or DFEH.
Which one is preferred?
I am more into conciliation - which agency would be more effective in reaching a solution?
Employment / Labor Attorney
It depends on the specific details underlying your potential claims. Many times, you can file for a right-to-sue under both. However, I generally prefer DFEH because the California Fair Employment Housing Act usually provides more protections that its federal counterpart. Notwithstanding, contact an employment law attorney immediately; most offer a free consultation so don't be afraid to ask.
Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]
2 lawyers agree
Hello, I would have to agree with my colleague. Generally speaking DFEH is more preferable and effective.
The reason for this is that sometimes Federal Court procedures can work against the Plaintiff, therefore most lawyers prefer to file DFEH.
Law Offices of Hasbini 619-200.8986. Free on phone and in office consultation. http://www.sandiegoemploymentlawyer.net
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1 lawyer agrees
The DFEH is stronger than EEOC in most respects, thus this is what I usually file. I believe most employment attorneys do the same.
However, the decision will greatly depend on the individual facts and circumstances of your case.
Consult with an employment attorney.
1 lawyer agrees