Q: Who do I file a formal complaint with regarding my employer retaliating against me for going on medical leave?

A: You can file a complaint with the California Department of Fair Employment and Housing or you can have a lawyer assist you and look at whether you are subject to disability/age discrimination.

Most employment lawyers provide free consultations.

A: I am sorry you are going through this. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: The employer's position taken in your review demonstrate a complete misunderstanding of an employer's duties under the Fair Employment and Housing Act. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Note: the Department of Fair Employment and Housing is now called the California Civil Rights Department.

Good luck to you.

A: If you believe that your employer is retaliating against you for taking medical leave, you may be able to file a formal complaint with the appropriate state or federal agency. The agency that handles complaints related to medical leave and retaliation may vary depending on the specific circumstances of your case and the state in which you work.

For example, if you work in California, you may be able to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). These agencies investigate claims of discrimination, harassment, and retaliation in the workplace.

To file a complaint with the DFEH or EEOC, you will typically need to complete a complaint form and provide detailed information about the alleged retaliation, including any evidence you may have. You may also need to provide documentation related to your medical leave and any communication you have had with your employer about your leave.

It is important to note that there are strict deadlines for filing a complaint with these agencies, so it is important to act quickly. Additionally, you may want to consider consulting with an experienced employment law attorney who can help you understand your rights and options, and assist you in filing a complaint with the appropriate agency.

In summary, if you believe that your employer is retaliating against you for taking medical leave, you may be able to file a complaint with the appropriate state or federal agency. It is important to act quickly and gather any evidence you may have, and you may want to consider consulting with an experienced employment law attorney for guidance and representation throughout the process.