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

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


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

Herbert Tan, Esq.

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Hillary Johns

Hillary Johns


assuming that you're within the statute.


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

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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.

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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 intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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