Wrongful termination due to Age Discrimination - I'll provide more details later - please recommend me someone
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Age is one thing, one can also file discrimination based on which country you are coming from.
If your managers have ever fired the person who are from the same country as yours at the time you are let-go, you have close to 100% of chance to win. The next question is, how much you will get and how do you split with your lawyer team? If you are old enough and don't care about next job, go ahead and enjoy what you will get in mlns, Q will settle it for you for sure. BTW, google search "job discrimination" with your zip code, read reviews and you will get a bunch of good lawyers.
We would not do so as we can find a job in a split of second, we will just move on as we are still young and, we know we are one of the best engineers. We are even better without working for Q anymore, Q is just a history and no one leaves Q says a good thing about Q. It is the worst place to work for anyway.
@ hqt: And no, I'm not HR mole. I went through the process. Yes, framing the language in your complaint is important. In the wake of recent budget cuts, it has become quite difficult in some areas to schedule an appointment with DFEH to receive help with your filing. EEOC still has attorney staff in most major metro areas with whom you can schedule an appointment. (They also have an 800 number, if you want to do it yourself.) Write out your complaint. Use CACI No. 2500 et seq., which corresponds to Cal. Govt. Code sect 12940(a) et seq. as your basic template. I can't stress this enough: Make sure everything you say is absolutely true. Bring this outline and any supporting documents you have to the meeting. The EEOC attorney will sit with you, figure out if you can satisfy the pleading standards for the federal law--which actually isn't quite as detailed as the fact pleading required for CA, and you should know whether or not you actually have a valid claim at the end of your meeting.
@ hqt: Order of filing with DFEH or EEOC is generally important only if you are up against a statute of limitations issue. Only an attorney can tell you this with certainty. The DFEH will issue a right to sue letter upon request as soon as they get your claim and process it. The EEOC process normally requires at least 60 days UNLESS you have already filed with DFEH, in which case they will issue a right to sue letter as soon as DFEH issues theirs. Age discrimination guidelines in federal claims are same as state's, but ADEA is a federal issue. That means you have to be prepared to have your case removed to federal court, where the procedure is more rigorous, the pace of discovery is faster, and summary judgment tends to favor employers. State claims that are weak may be rejected by federal court regardless of where you file your initial claim. Advantages of EEOC: If it passes muster there, the claim will pass muster in a state court, so long as your attorney satisfies CA fact pleading in the complaint. EEOC also has a larger operating budget and they are more likely than state to investigate rather than just issue a right to sue letter. Disadvantages of filing with EEOC: you have 90 days to file a suit after you are issued a right to sue letter. With DFEH, you have a year from date of issue of right to sue letter to file a suit.
Attorneys generally prefer to file with DFEH first and have them crossfile with the EEOC because they get the right to sue letters faster that let them file lawsuits sooner. EEOC filings tend to result in more favorable mediation/conciliation/settlement outcomes. The last thing a corporation wants is "gubmint" investigating their business.
OP - just double check the facts given from ETNRzF3-hfd at the DFEH website. It says they will not pursue a claim already in hands of EEOC, but if you go to DFEH first, they will involve EEOC. The order of filing with these gov't agencies is important. It is also important you file your claim correctly and should speak with an employment attorney first to make sure you do it right.
ETNRzF3-hfd seems to be giving what looks like solid advice but in exactly the reverse order that you should proceed. HR mole?
@ETNRzF3-hfd - i am the original poster - thanks for the guidance i am still evaluating this, great post
Why does this frickin board keep omitting the part after wage: "and hour or workers' comp. And try to avoid attorneys who push for PAGA or class litigation;"....
Third from last line in post ending in hfd should read:
Must have experience with more than wage at first class actions may sound good: But as a class representative you will be expected to work for a settlement that benefits the class as a whole, as opposed to one that's in YOUR best interest.
If you honestly believe you have an ADEA claim, file with the EEOC first, and ask them to cross file your claim with DFEH. You have 180 days to do this from the last occurrence. This is FREE; and you need the right to sue letter if you want to file a lawsuit. Ask the EEOC to investigate. (The EEOC can access information that QCOM will probably not produce during discovery--because they have a history of pulling that sort of crap.) Don't turn down the opportunity for mediation. There are 2 reasons for this: (1) If you go about it right, you can walk out with a settlement. Litigation takes about 2.5 to 3 years on average if there is a trial. (2) Your name never appears on an electronic court docket as having sued your employer--which can hurt you in background checks conducted by potential employers.
When it's time for you to choose a lawyer, call the Santa Clara County Bar Assoc, or San Francisco County Bar Association and request attorney referrals in your area. (I don't have the numbers handy as I don't live there.) Call several, and ask questions. You want someone with experience litigating employment issues in state and federal district court, as well as someone who is good at negotiating in EEOC mediations. Must have experience with more than wage but if you are a class representative, you have to work toward a settlement that benefits the class as a whole, as opposed to what is in your best interest.) And for god sakes, avoid the guys who think acting like a mad dog in mediation is the acme of professionalism--it's not. Good luck.
Anyone in sd
Here you go - here is the number for Rutger (408) 297-7100
Call Rutger Heymann, ESQ - he represented a friend of mine who went after Intel for Age Discrimination - they settled, he handled several lawsuits in the same batch of people who were wrongfully terminated
What's the scoop?