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File a Complaint for Wrongful Termination w/out DFEH Right to Sue Notice? California

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  • File a Complaint for Wrongful Termination w/out DFEH Right to Sue Notice? California

    In CA, employees must file to the DFEH about the wrongful termination, then they review it and give the employees a "Right-to-Sue Notice".

    My story: I noticed that my hands had started to hurt really bad (carpal tunnel syndrome) at work. I went to the doctor to get it checked. I refused a drug test, which I guess my workplace required (never told me/never in the employment contract). The selected doctor's office notified my employer that I refused it and my employer terminated me.

    My statute of limitations is coming up in mid-November. I already filled out the DFEH papers and am still waiting for their authorization by sending me the RTS Notice.

    What I wanna know: Im stressed for time. I wanna know if I can first file a complaint with the wrongful termination causes of action, then once the DFEH sends my Right-to-Sue notice, if I am allowed to amend that later. Or is it mandatory that I receive the DFEH "Right-to-Sue Notice" first before I am allowed to do anything?
    Last edited by discobiscuit4005; 10-26-2015, 06:36 PM.

  • #2
    First, I'm not seeing the wrongful termination.

    Second, yes, you must have the right to sue letter first.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Totally legal for them to terminate you or refusing the drug test, which is virtually never in an employment contract (assuming you even have such a thing). It isn't clear on what basis you believe you have a wrongful termination. If it is a breach of contract issue, that would not go through DFEH.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        reasons i believe I was terminated:

        - age 40+
        - disability
        - engagement in protected activity
        - medical condition

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        • #5
          What protected activity are you talking about? You've not mentioned any protected activity so far.

          When did you request an accommodation for a disability?

          What EVIDENCE do you have that if the exact same thing happened but you were under 40, you would not have been fired?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            When you say "the selected doctor's office", are you implying that this is a potential workers comp issue and you were sent to a specific doctor by the company?
            I am not able to respond to private messages. Thanks!

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