Often times, when an employee feels they have been a victim of wrongful workplace practices, their first inclination is to file a lawsuit with a Court immediately. While understandable, this practice could well be fatal to a Plaintiff’s case, a point the California Court of Appeal recently made abundantly clear. In the employment context, many claims must first be reported to some other administrative agency such as the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. Failure to do so will give an employer the opportunity to claim that proper procedures were not met, and the employee’s matter may be dismissed precisely on these grounds.
Knowing which organizations are designed to investigate particular violations of workplace law, and the manner and timing of filing your grievance is particularly confusing and a consultation with an attorney is highly recommended.