Q: Legal Advice Needed for Discrimination, Retaliation, and Constructive Discharge
I recently resigned from my position at Din Tai Fung in Glendale, CA, due to a hostile work environment. I experienced discriminatory treatment, retaliation after raising concerns, and inadequate training compared to colleagues. Additionally, I was subjected to unjust negative performance evaluations and exclusion from opportunities, which I believe stemmed from my national origin (I am not Hispanic, unlike many favored employees).
These actions caused significant distress, damaged my professional reputation, and forced me to resign under intolerable conditions. I have already contacted OSHA, CA civil rights department, EEOC and labor commissioners. And will do everything it takes to justify this, or if unjustified, I'll take matters in my own hands to teach a big lesson!!!
This is worth sacrificing.
How can I find a lawyer? I contacted some through here & avvo.. but there are no resonses. What steps should I take to initiate legal action, and I seek damages for the harm caused?
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A:
Based on your description, you may have valid claims for discrimination based on national origin, retaliation, and constructive discharge under both California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.
Your first step should be filing a complaint with the California Civil Rights Department (CRD) within three years of the last discriminatory act, or with the Equal Employment Opportunity Commission (EEOC) within 300 days - this administrative filing is required before you can pursue a lawsuit. Document everything: keep copies of performance reviews, communications, training records, and write down specific incidents with dates, times, and witnesses who observed the discriminatory treatment.
You should contact an employment law attorney who handles workplace discrimination cases for a consultation - many offer free initial consultations and work on contingency fees. The attorney can evaluate the strength of your case, ensure proper filing of administrative complaints, guide you through gathering evidence, and help calculate potential damages including lost wages, emotional distress, and other compensation you may be entitled to receive. Time is critical in these cases, so reaching out to an attorney soon will help protect your rights.
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