Filing an EEOC Claim While Still Employed

If you are subject to discrimination or harassment at work, you may have questions about filing an EEOC claim while still employed by the company.

Question:

Can I file an EEOC claim while still employed by the company?

Answer:

I received a call yesterday from an employee that was nervous because she was still employed for the company. She had claims that she wanted resolved and issues that she wanted resolved, but she really didn’t want to file a lawsuit, but she just wanted the harassing conduct to stop. She asked me, “What steps should I do if I’m a current employee?”

The steps Filing an EEOC Claim While Still Employed | The Myers Law Group as a current employee that you should take really do vary depending on the situation and on the employee. What type of risk are you comfortable with? What type of confrontation with a supervisor or co-worker do you feel comfortable with? A lot of times throughout the week I’ll talk to potential clients that are looking for guidance as to what they should do because they are in this type of situation. To some people, they’re scared just to go to Human Resources. They’re scared to say anything. I still have other clients or potential clients who are more than happy to say anything and document and write emails all the way up the chain.

It’s important to note that, while you’re employed, you have rights. There are also various steps you can take to preserve, protect, and exercise your rights. For different employees, the response is different. Just like with different employers, their response to your concerns are different. Sometimes employers do the right thing. A lot of times employers do the right thing. Then there’s those circumstances in which employers just do the wrong thing. It’s in those circumstances, in which they do the wrong thing that you want to make sure you’re protected.

If you’re in a position in which you’re a current employee and you’re wondering what the next step is, I think it’s important for you to talk to an attorney as to the best steps to take in light of your situation. If you have questions as to what the next step should be, feel free to give us a call. I’m always happy to talk to you about what those next steps should be. I look forward to talking to you and helping you. We’re here for you. Just give us a call. Thanks.


Are you or a loved one in the process of filing an employment claim in California and have questions about filing an EEOC claim while still employed? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.

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