I filed a retailation charge against my employer after I resigned. I have recently uncovered facts that strenghten one aspect.

Asked almost 2 years ago - Santa Monica, CA

The case has been open for 3-years...I have evidence that one of those named in the charge may have given a bad reference for a position that I applied within the company prior to my resignation. I included this information briefly in the charge, but now want to expand on it because it is the strongest aspect of my case. Is it too late to submit facts related to it? It still falls under the retailtory aspect of the case?

Attorney answers (4)

  1. Neil Pedersen

    Contributor Level 20


    Lawyers agree

    Answered . No, it is not too late. It sounds like you are relying on the administrative agency to investigate your charge. You can either amend your charge if you want, or, because you included the information in part in your original charge, you can simply provide the specific evidence you have discovered related to that earlier allegation directly to the investigator. You only need to amend the charge if you wish to add allegations, not specific evidence.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. Herbert J Tan

    Contributor Level 17


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You should amend your charge or the complaint that you had filed.

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

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  3. Hillary Johns

    Contributor Level 19


    Lawyers agree

    Answered . Do you have a case on file with the superior courts or is it another kind of case?

    Ms. Johns can be reached at her Woodland Hills and San Diego offices at (866) 402-4038. Her email is hjohns@... more
  4. David Andrew Mallen

    Contributor Level 14


    Lawyers agree

    Answered . Do you have an investigator assigned to your case? If so, maybe you can call the investigator to share that new information and explain how the new information supports your retaliation claim.

    Three years seems like a long time to investigate a DFEH or EEOC charge. Have you tried to mediate your case yet?

    Best regards,

    David A. Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more

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