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Is it a bad thing to give your HR rep your documentation of retaliation if it can land the company in court?

Los Angeles, CA |

I am afraid of rebuttals and I have a pending racial discrimination charge against the company with the EEOC and it has not yet been assigned to the investigator but I made it aware to my manager and supervisor of the EEOC charge (including the internal Ethics charge of the same subject which they found no evidence of discrimination) and ever since then they have been treating me differently, which includes a negative performance evaluation for my mid year. I field with internal HR and they want all my docs of what i think is retaliation, im afraid they might come out with a rebuttal if it ends up in court. should i provide it to the HR rep?

I filed with internal HR of retaliation due to the race discrimination case, and even made the rep aware I went to the EEOC

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Attorney answers 1


If you haven't retained an employment litigator, do so now. You've apparently already risked your claim by lodging an EEOC complaint yourself. Not consulting counsel is unwise because if you don't word your complaint correctly, you can limit your litigation options, and further, most CA employment lawyers would probably opt for a state DFEH claim rather than a federal EEOC claim because state courts tend to be friendlier than federal ones.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.



hi pamela thanks for replying. Do you have any cases that you have worked with involving discrimination and retaliation?

Pamela Koslyn

Pamela Koslyn


Yes, I've litigated a couple of sexual harassment cases, but nothing lately. I'd recommend my former officemate Tony Luti for employment litigation, that and civil right slitigation is all he does. At 9:41 AM 8/23/2011, you wrote: >[] > ><> >Avvo > > ><>Find >a >Lawyer | ><>Find >a >Doctor | ><> > >[] > > >Dear Pamela, > >Someone has commented on your answer to >question: Is it a bad thing to give your HR rep >your documentation of retaliation if it can land the company in court? > >Comment: hi pamela thanks for replying. Do you >have any cases that you have worked with >involving discrimination and retaliation? > ><>View >comment thread > >Or, reply to this email to add an additional comment. > >Thanks for participating on Avvo, The Avvo Team > >---------- >Research: ><>Health >Issues | ><>Legal >Issues | Find us on: ><>Facebook | ><>Twitter | ><>LinkedIn >| ><>Avvo >Blog > >By replying to this email, you agree to comply >with the <>Avvo >Terms of Use and the ><>Community >Guidelines. To change how frequently you are >notified about new question, ><>click here. > >You are receiving this email because you are >subscribed to Avvo comment notifications. If you >prefer not to receive these notifications, >simply ><>unsubscribe >or write to Avvo at: 1501 4th Ave, Suite 1900, Seattle, WA 98101. > >If you would like to contact us about this >message or anything else simply ><>fill >out our customer care form. To learn how we >protect your personal information, please see >our ><>Privacy >Policy > >Avvo, Inc. - 1501 Fourth Avenue, Suite 1900, Seattle, WA 98101 ** PLEASE NOTE NEW ADDRESS ** 34° 05' 48" N 118° 19' 54" W Elev. 1271 ft. PAMELA KOSLYN, ESQ. 6255 West Sunset Boulevard Penthouse Suite 2210 Hollywood California (Home of the back-to-back 2009-2010 16-time NBA Champion Lakers) 90028 323 467 2200 Phone 323 648 8222 Fax ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL: This email transmission, and any documents or previous email messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient,