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I have won a WC claim against my employer for a psychiatric injury due to a hostile work environment. Can I file a civil lawsuit

Oakland, CA |

In 03/2012 I settled my WC case with a stipulation that i resign my position before the settlement would be granted. I filed a DFEH charge against my employer, and was given a Right to Sue letter. I want to know if I have grounds for a civil lawsuit on the basis of violation of Title VII of the Civil Rights Act of 1964, hostile work environment, retaliation, racial discrimination, wrongful termination

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Attorney answers 2

Best Answer
Posted

Unless you specifically released the employer from civil liability in your workers compensation settlement, which only occurs if the standard release is modified to provide as much, you can proceed in a civil action based on violation of FEHA. Whether or not you have a meritorious claim under FEHA is unknowable based on the lack of facts in your post. However, it is possible you have walked away from a termination claim by resigning as part of the WC settlement. Much more would need to be known to asses that.

Please keep in mind the time limit of one year from issuance of the right to sue letter to bring your civil complaint.

Good luck to you.

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Asker

Posted

Thank you for your response. It is very helpful.

Posted

It is possible you may have other claims that may be pursued. An attorney would really have to review the charges you filed with the State, and analyze the potential of any other 3rd party liability as in regard to other potential torts.

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Asker

Posted

I would like to discuss my case with you further if you are available. I am not seeking a full service attorney just assistance on making sure that I cover all my basis. Thank you