Under both Federal and State laws, before an employee can bring a complaint in court against the employer, the employee must receive a right to sue. Under state laws, a right to sue comes from the Department of Fair Employment & Housing (DFEH). Under federal law, a right to sue comes from the U.S. Equal Employment Opportunity Commission (EEOC). Historically, the purpose of the right to sue was to direct potential litigation to these agencies to handle. However, it soon became apparent that the agencies were overwhelmed and now it is a perfunctory process whereby attorneys can automatically obtain the right on behalf of their clients.
Unfortunately, the right to sue is misunderstood in that employees believe that the agencies approved their claims because they were given a right to sue. In fact, it is the way for these agencies to get rid of the claims. You may refuse to have a right to sue issued and require the agencies to do the work instead of hiring an attorney or doing it by yourself. The problem is that, because the agencies are understaffed, these agencies will not get you the best result, and after much delay, they may decide that they do not want to proceed.
For the best result, contact Attorney Alan Newman, who will handle your case personally. Call (310) 986-2792 today for a free consultation.