Facing workplace harassment can leave anyone feeling confused, anxious, and unsure of what steps to take. If you are reading this, it’s likely that you are in a difficult situation at work. It is important to know that you are not alone in this, and there is help available. At The Myers Law Group, APC, we understand the emotional toll that workplace harassment can have on your life. You may be feeling uncertain about how to proceed with filing a complaint, and it’s completely natural to feel overwhelmed. We are here to guide you through the process and help you achieve a successful outcome for your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
Understanding Workplace Harassment in California
Workplace harassment in California is illegal and includes unwanted behavior that makes someone feel uncomfortable, threatened, or disrespected at their place of employment. This can take many forms, including verbal abuse, physical intimidation, discriminatory comments, and even cyber harassment. Harassment can happen because of race, gender, sexual orientation, religion, disability, or other protected characteristics under both state and federal law.
In California, the Department of Fair Employment and Housing (DFEH) is the agency that investigates complaints related to workplace harassment. If you are facing harassment, filing a complaint with the DFEH is a key step in seeking justice and holding your employer accountable. But before you begin this process, it’s important to understand how the DFEH operates and what you need to do to file a successful complaint.
The Role of the DFEH in Workplace Harassment Cases
The DFEH is responsible for enforcing California’s civil rights laws, including those that protect employees from discrimination, harassment, and retaliation in the workplace. When you file a complaint with the DFEH, the agency will investigate your claims to determine if there is enough evidence to support your case. The DFEH will also help mediate disputes between you and your employer in an attempt to resolve the issue without the need for a formal lawsuit.
It’s important to understand that the DFEH is not a law firm. While they offer valuable resources and guidance, they do not represent individuals in court. That’s why having an experienced workplace harassment attorney by your side can make a huge difference in the success of your case.
Preparing to File a Workplace Harassment Complaint
Before filing a workplace harassment complaint with the DFEH, there are several steps you should take to ensure your complaint is strong. The more prepared you are, the better your chances of a successful case result.
First, gather any evidence that supports your claim. This can include emails, text messages, or any other written communication that shows the harassment occurred. It’s also helpful to keep a detailed record of each incident of harassment, including the date, time, location, and any witnesses present. Documentation can be key in proving your case, especially if you are able to show a pattern of behavior over time.
Second, consider speaking to your employer or human resources department. In many cases, employers are required to take appropriate action to address workplace harassment when it is reported. While this may not always lead to an immediate resolution, giving your employer the opportunity to address the situation is often a necessary step before you can move forward with a formal complaint.
Consult with an attorney who is familiar with California’s workplace harassment laws. An experienced attorney can guide you through the entire process, help you understand your rights, and ensure that your complaint is properly filed.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
Filing a Complaint with the DFEH
Once you are prepared, you can file your workplace harassment complaint with the DFEH. This can be done online through the DFEH website, by mail, or in person at a local DFEH office. The DFEH will ask for details about the harassment, including the nature of the harassment, who was involved, and when the incidents occurred.
When filling out the complaint form, be as specific as possible. Provide all the information you can, including any evidence you’ve gathered and the actions you’ve taken to address the harassment with your employer. The more detailed and accurate your complaint, the easier it will be for the DFEH to investigate and take action on your behalf.
After your complaint is submitted, the DFEH will review your case to determine if there is enough evidence to support a claim. If they find merit in your complaint, they may offer to help mediate a resolution with your employer. If mediation is not successful, the DFEH may decide to file a lawsuit on your behalf or issue a “right to sue” letter, allowing you to pursue your case in court.
What to Expect After Filing the Complaint
Once your complaint is filed, the DFEH will begin investigating your case. This can take several months, depending on the complexity of the situation and the workload of the agency. During this time, you may be asked to provide additional information or attend interviews to further support your claim.
It’s also important to note that retaliation against an employee for filing a workplace harassment complaint is illegal. If you experience retaliation from your employer or co-workers, be sure to report it immediately. The DFEH can take action to protect you from retaliation and ensure that your rights are upheld throughout the investigation process.
If the DFEH finds evidence of harassment, they will take steps to resolve the situation, which may include filing a lawsuit or helping you reach a settlement with your employer. If the DFEH is unable to resolve the issue, they will issue a “right to sue” letter, which allows you to file a lawsuit against your employer in civil court.
The Importance of Legal Representation in Your Workplace Harassment Case
While the DFEH can help guide you through the process, having an attorney on your side is crucial to achieving the best possible outcome in your case. An attorney can provide valuable assistance at every step of the way, from gathering evidence to filing your complaint and negotiating with your employer. A skilled lawyer will also represent you in court if your case proceeds to litigation, ensuring that your rights are protected and that you have the best chance of success.
At The Myers Law Group, APC, we understand how difficult it can be to face workplace harassment. We are here to support you through every step of the process and to ensure that your case is handled with the care and attention it deserves. Our team is committed to helping you achieve the best possible outcome, whether that means a favorable settlement or a successful lawsuit. If you have been subjected to harassment in the workplace, we are here to help. Please reach out to us today to discuss your case and take the first step toward justice.