Skip to main content

Retaliation after I made the complaint to HR about my supvisor's verbal abuse and pushing me work for free behavior. EEOC&DFEH?

Los Angeles, CA |

Hi, I made the complaint to HR about my severe verbal abuse and pushing me work for free behavior from my supvisor 5 months ago . After two months investigation by HR, they sent me an email and substantiated my complaint content. I was told my right and work environment will be under protection during one conversation with the manager of HR.
One week ago, my supvisor gave me all negative comments on my probation evalation. Several days ago, I was fired without any advanced notice. I went to the EEOC and filed my charge for sexual discrimination and retaliation. Do I need to file another charge to EFEH or DLSE?
Where can I find free face to face consulation from professional employment laywer ? Thanks.

Attorney Answers 3


  1. I am sorry about what you went through. As you noted, you need to speak with an employment lawyer, and once your potential claims are fully explored and identified, it will be determined as to whether an administrative filing will be necessary.

    Many plaintiff-side employment attorneys, including myself, provide a free consultation in such cases. The California Employment Lawyers Association ("CELA") is a great resource in finding a plaintiff-side attorney in your area. You can access CELA's directory at www.cela.org.

    Good luck.

    Afshin Mozaffari, Esq. - MOZAFFARI LAW - Telephone: (323) 696-0702 - amozaffari@mozaffarilaw.com - www.mozaffarilaw.com

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Afshin Mozaffari provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange.***


  2. Usually, if you file with the EEOC, they automatically file with California Department of Fair Employment and Housing (DFEH) for you.

    If you feel like you are a victim of retaliation because you complained about working off the clock, the DLSE will investigate your complaint of retaliation; however, in my experience they are backlogged and they don't always give you a face-to-face hearing.

    I agree that you have some complicated legal issues that would merit the attention of an experienced employment lawyer who understands wage-hour law and retaliation cases.

    Most lawyers will give you a free consultation, either over the phone or face to face, and counsel you on the best avenues to pursue your claims. Most lawyers representing employees also take cases on a contingency fee -- meaning you don't pay unless the lawyer helps you recover money to fix the harm.

    Best regards,

    David A. Mallen

    David A. Mallen offers answers on Avvo as a public service, 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 the facts of your legal claim or the time limits for filing your claim, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen, offer confidential, no-risk legal consultations 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.


  3. The Division of Labor Standards Enforcement (DLSE) is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. You have not mentioned anything that indicates there is a wage and hour issue involved, so most likely you are referring to the California Department of Fair Employment and Housing (DFEH) as mentioned in the subject of your post and not the DLSE, as mentioned in the body of your post.

    As Mr. Mallen explained, the EEOC will file on your behalf with the DFEH. This is called "dual-filing." Please look at my guide to unlawful discrimination: http://www.avvo.com/pages/show?category_id=6&permalink=what-is-unlawful-employment-discrimination--california-law which should help you understand lawful and unlawful discrimination, how to enforce your rights, and time limits.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics