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CA - Too late to file?

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  • CA - Too late to file?

    I'm in California. I left my job of seven years in April 2004 because I couldn't take it there anymore. My boss at the time was knowledgable of a contract employee in our office that was harassing the female employees - mostly verbal comments or looks but some e-mails and touching as well, including to me! This went on for a few years and finally came to a head in December 2003. I confronted my boss and was verbally offered that the harasser would agree to put $10,000 into a trust account if I were to promise to let this go and the harasser promised to stop. I refused and told my boss that he needed to fire this person. He did about two months later but then did a very underhanded thing. He (as the owner) formed a strategic alliance with the harasser's new the guy affiliated with the company! I did see an attorney in December 2003 (while the harasser was still there) and was told I had plenty of evidence as well as a strong case to file suit. After two months of still putting up with the harassment, I decided that the weight of the lawsuit would be too much with me still working there. So, I let it go and didn't file. April 2004 came around and I couldn't take it anymore because since the harasser left, my boss (in a round-about way) made me feel guilty because of all the problems I caused. He started giving all the work that I would do to another male in the office - someone that worked under my direction as I was office manager. I turned in notice and left three weeks later.
    Is it too late for me to file intent to sue because so much time has passed? Thanks for your input!

  • #2
    So the last incident of harassment was in February 2004 or earlier. Yes, it is far too late to file. In California, the statute of limitations is six months; at the federal level it is 180 days.


    • #3
      CA - Too Late to File?

      Thank you for letting me know! Someone approached me about it because the harasser is "back in action" at the other place he went to. What a shame.
      Thank you! Blessings, Melonhead


      • #4
        While it's too late for you to file a claim yourself, if the harasser's new victim does, she can certainly reference you as evidence of his pattern of sexual harassment, thus giving her claim more credence.


        • #5
          CA - Too Late to File?

          I agree with you. I have told her that I am willing to stand in court if needed. Thank you for all your help!


          • #6
            A complaint of employment discrimination must be filed within one year from the date that the alleged discriminatory act occurred if you file with the CA Department of Fair Housing. Most attnys in CA actually prefer the state regs and DFEH vs. federal laws since the CA laws tend offer greater employee protections than federal laws.

            It sounds like your last act was in Feb of 2004? So that would have had to be reported by Feb 2005.



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