Los Angeles Office Location
Hennig Ruiz & Singh
Not sure if you have a legal case? Call us to talk to a lawyer:
Free Consultations
One Of The Most Successful Workers' Rights Trial Law Firms In California

Process after filing a wrongful termination charge with the EEOC

Most employees in California are at will employees, which mean that they can be fired pretty much at any time for pretty much any legitimate business reason. However, the employer cannot discriminate against the employee and fire them based on certain legally protected aspects of the person's life. These include race, sex, sexual orientation, religion, age, disability and others. If the employee is discriminated against because of one of these things, then they may have a claim for wrongful determination.

Most wrongful termination claims must start with first filing a charge with the Equal Employment Opportunity Commission (EEOC). After the employee files a charge with the EEOC, within 10 days of receiving it, the EEOC will send notice to the employer. The EEOC will then see if the employer and employee would like to participate in mediation. This is optional though and the parties do not need to reach an agreement even if they go through mediation.

If the mediation does not happen or is not successful, then the EEOC will conduct an investigation and ask the employer to answer the charge. During the investigation the employee can give the EEOC more information or amend their charge after reviewing the employer's answer to the charge. After the investigation, the EEOC will determine if the law has been broken or not.

At this time the EEOC will give the employee a Notice of the Right to Sue or they will submit it to the legal team to determine whether the Department of Justice will bring a claim on the employee's behalf. Even if they decline to bring a claim in court on the employee's behalf, the employee can still file a claim in court on their own.

Many employees in California may be terminated from their employment based on discrimination by the employer. If this occurs the employee can file a charge with the EEOC who will investigate the charge and determine whether they believe the law was broken. After this is complete, it gets much more complicated for the employee who may need to file a lawsuit in court to receive the compensation they deserve. Experienced attorneys may be a useful resource at this time.

Source: www.eeoc.com, "What you can expect after you file a charge" accessed on Nov. 8, 2017

No Comments

Leave a comment
Comment Information
  • Super lawyers
  • California Employment Lawyers Association
  • Consumer Attorneys Association of Los Angeles

What Our Clients Say About Us

  1. I needed great attorneys in a short period of time, it was an emergency situation. Some research led me to the Hennig, Ruiz & Singh. We spoke on the phone and they had me come into the office and started on my case immediately. They got me exactly what I wanted and did it in the shortest amount of time possible. They were caring, fair and extremely good at what they do. I definitely would recommend them to anyone. -Scott Rooney

  2. If you are looking for legal representation I would suggest for you to consider Hennig, Ruiz & Singh. Put succinctly, their legal team was intelligent, hard working, responsive, and very knowledgeable throughout our time working together. While I of course cannot divulge details about the assistance that the firm provided for me, I can and will say that their representation was pivotal and changed my life for the better beyond words... -Shane Guglielmo

  3. I went to this firm to have a separation letter reviewed and met a young lawyer named Janet Hong. She was extremely friendly, professional, thorough and quick. She reviewed the documentation promptly and gave me actionable advice. I was able to resolve everything quickly. I would not hesitate to recommend Janet to anyone seeking legal services. -Brendan Hagerty

Schedule a Free Consultation

Ready To Start Protecting Your Rights? Call 213-985-1305

Not Sure Whether You Need Lawyer?

Answer a few questions to see whether you have a case.
Get Started Here

Office Location

Hennig Ruiz & Singh
3600 Wilshire Blvd.
Suite 1908
Los Angeles, CA 90010

Toll Free: 800-260-6542
Fax: (213) 310-8302
Map & Directions

Free Consultations

Contact Us