Proving Discrimination

[theretoo]

I would question how a situation is investigated. If they use internal investigators to the employer, they will NEVER admit to finding any wrong doing. My personal opinion is that anytime an EEOC or protected class investigation is conducted within the walls of any employer, that it be done with an outside, professional investigative team who is unbiased toward either side of the equation. Thus, always bring in EEOC or your state as a third party investigator

 

[4rights]

Thanks theretoo, did you mean employees dont fare well in court?

 

[theretoo]

No, in my state, employers do not fare well. California is the toughest state on employers in terms of employment law than any other state.

If you are in a situation, that you feel that you have been discriminated against, the first thing you need to do is file with EEOC and or your state employment practice compliance office. Then, get an attorney that specializes in handling ONLY employee side litigation.

 

[theretoo]

http://www.mbtlaw.com/newsdetail.php?ID=48&Ret=&Type=Article&cat=2&archive=N

4Rights, here a link that explains how an employer will most likely "defend" an FMLA/Disability lawsuit. They, the defense, will use any tactics possible, to get you to "drop" the suit and that "they" (the employer) can do anything they want to. When it comes down to it, you don't know what the judge will say. Do not let anything persuade you otherwise (to drop the case, etc.) Hang in there, it is a long road, but someone has to hold these folks accountable...


Forgive CBG, she is an HR Consultant.....so, once her investigation is complete, if you work for her company, she is not going to tell you whether they found anything or not...they wouldn't want any admission of wrong doing on their part, so you are running into brick wall asking for more info there

 

[cbg]

Theretoo is entitled to his opinion, but by no means all HR professionals will withhold information, no matter how determined he is to see all HR as being joined in a huge conspiracy to withhold vital information to employees and to protect the employer's wrongdoing at all costs.

 

[theretoo]

CBG, my comments are more along the lines of knowing how a particular company runs their operations. In shopping for the right atty for me in my case, I was amazed, every one of them I spoke to wanted to know the company responsible for the actions I have in writing. In CA, "Employer Responsibility" is the law in employment law cases, including a more liberal outlook on the definition of "disability" and employee rights in general. The first phone calls I made to the many different CA state Emp law atty's, the first question I was generally asked was, "And who is THIS company?"
So, that is how I approach the whole thing, KNOW your employer. Know how they handle their operations and their people before accepting the offer.....know what you are getting into....

 

[cbg]

That's all well and good. But you do not know me or my company, and I resent your statement:

Forgive CBG, she is an HR Consultant.....so, once her investigation is complete, if you work for her company, she is not going to tell you whether they found anything or not...they wouldn't want any admission of wrong doing on their part, so you are running into brick wall asking for more info there

How DARE you assume you know me well enough to know how I operate professionally?