Skip to main content

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

+ Read More

Attorney answers 2

Best Answer

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.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.



Thank you for your response. It is very helpful.


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.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.



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