Demand payment for the violation of your civil rights at work.
DESCRIPTION:This a letter to your California employer demanding a resolution and / or money settlement for having gone through discrimination, harassment, retaliation or failure to accommodate at work. The letter sets out the various standards and protected classes which pertain to you to be able to make the demand. It also helps you calculate a reasonable money demand to settle and release your claims.
BEST USE OF THIS FORM:
Ideally, this letter is sent after a internal complaint (such as a My Job Claim.com Internal Complaint of Discrimination, Harassment, Retaliation and / or Failure to Accommodate) has been made to your employer.
The demand is made even stronger if it is made in connection with a government complaint to either the DFEH or EEOC asking for either an investigation or an immediate right to sue.
You can make a complaint to the DFEH at https://www.dfeh.ca.gov/complaintprocess/ Y
You can make a complaint to the EEOC at https://www.eeoc.gov/youth/filing-complaint.
OTHER FORMS YOU CAN USE WITH THIS FORM:
As stated above, your demand for settlement becomes much stronger when made after a My Job Claim.com Internal Complaint of Harassment, Discrimination, Retaliation or Failure to Accommodate has been made and after a complaint made with the DFEH or EEOC. If you have made such a prior internal complaint, and an investigation of your claims was conducted by the employer, you can attempt to obtain the results of that investigation by sending a My Job Claim.com Request for Employee File.
Harassment, discrimination, retaliation and failure to accommodate claims can be highly dependent on what people have said and done. Make sure to identify all witnesses to what happened and any written or oral statement, or physical actions (like unwanted touching), with specificity.
Also, was there ever an investigation into any prior complaint by you, and if so, do you have the results? If there was no investigation, why? These are points you can also bring up to support your claim.
To ask for an investigation or request right to sue from the DFEH you must file your claim with the DFEH one year from from the act(s) giving rise to your claims. You must file your lawsuit within three years from the time the DFEH closes their investigation or issues you a right to sue.
To ask for an investigation or request right to sue from the EEOC you must file your claim with the EEOC 180 days from the day of the act(s) giving rise to the claim. After receiving a right to sue or a decision not to investigate from the EEOC you must file your lawsuit within 300 days.
Always proofread for typos and format issues to make the letter as professional looking as possible.
My Job Claim.com is not a law firm and we do not provide legal advice. No attorney-client relationship is created or to be reasonably contemplated by the purchase or use of a My Job Claim.com form. The forms sold on this site are generalized templates. The "tips" contained herein are provided for general informational purposes only and should not be relied upon as legal advice. Our forms should not be relied to achieve a certain result or specifically address your individual situation. We make no guarantee of the form's ultimate effectiveness and much depends on the how the customer edits and utilizes the form. If you feel you need legal advice or assistance with our forms or your situation, you should consult experienced legal counsel in your area.