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What is time limit to file discrimination complaint to EEOC?

Bakersfield, CA |

I was released in October 2009, which employer gave reason as financial cutbacks. I knew it was for "personal" reasons primarily due to refusing to do "fraudulent" work for business. Other reasons compound above much more sinister. I have email correspondence as well as prior supv. whom can verify this was happening. How much time do I have to file and shoud I? I am fearful if I do they may give a prospective new employer a bad reference in retaliation.

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Attorney answers 1


You have 300 days to file a claim with the EEOC but you do not want to miss the state requirements for filing a claim in California, which are likely much shorter than 300 days. You may also have a separate claim for whistleblowing under California state law provided that you complained about the fraudulent nature of the work. If your previous employer provides a bad reference, this too can be evidence of retaliation and a basis for a separate claim. I wish I could help you more but you need to speak with an attorney in Calinfornia that specializes in employment law.