Workplace harassment and discrimination are, unfortunately, pervasive issues throughout California. Each year, hundreds, if not thousands, of people leave their jobs due to harassment and file complaints to the Equal Employment Opportunity Commission (EEOC). Some wonder how to go about this process correctly. You may ask, “Can I file an EEOC complaint in California after I quit my job?”
Can I File an EEOC Complaint in California After I Quit My Job?
The EEOC is responsible for enforcing all workplace anti-harassment and anti-discrimination laws in the United States. When any violation of these laws is alleged, the EEOC is required to investigate the matter in a timely manner and provide the claimant with the materials they need to pursue accountability and compensation for damages.
Between fiscal year 2018 and fiscal year 2021, the EEOC processed 98,411 harassment complaints from employees across all industries in the United States. Of these, 27,291 were alleged sexual harassment. California has higher-than-average sexual harassment rates, a study from the University of California San Diego concludes, stating that sexual harassment is 5% greater for women and 10% greater for men throughout California compared to the national average.
If you have experienced any form of harassment at work and have left your job because of it, do not assume that this means you cannot file an EEOC complaint. You do not need to be a current employee to file an EEOC complaint against an employer. The only time limit that applies is the 180-day filing requirement following the most recent incident of harassment you experienced. You must file the complaint within this time limit, or the EEOC will disregard the complaint.
This time limit extends to 300 days when the employee’s state enforces anti-harassment and anti-discrimination laws. The California Civil Rights Department also enforces such laws, but it is generally advised to file your complaint with the EEOC right away. If you believe you have grounds to file a complaint, you should speak with an experienced Orange County employment lawyer as quickly as possible.
How Your Attorney Can Help
The right attorney is an invaluable resource when you have experienced sexual harassment or discrimination of any kind in a California workplace. Many people are forced to leave their jobs due to mistreatment, and legal counsel can help you take full advantage of your legal options in this situation.
Many people who experience harassment at work eventually become unable to perform their job duties. A hostile work environment is incredibly difficult for anyone to experience, and eventually, most people would rather quit than continue dealing with an abusive atmosphere. If this has happened to you, your EEOC attorney can help you file an EEOC complaint after leaving your job and hopefully hold your employer accountable for your experience.
It is important that you connect with an attorney you trust as quickly as possible after you have been forced to quit a job because of harassment in California. The team at the Diefer Law Group is confident we can help with your situation, so reach out to our team right away to learn how we can help.
FAQs
Q: Can You File an EEOC Complaint After You Leave a Job?
A: Yes, you can file an EEOC complaint after you leave a job. The only time limit you have for filing a complaint would be following the most recent incident of harassment or discrimination you experienced. You are under no obligation to remain at your job if you feel threatened or if you continuously experience mistreatment of any kind at work. If you were forced to quit due to harassment or discrimination, speak with an employment attorney right away.
Q: How Do You Prove Harassment at Work in California?
A: Proving harassment at work in California may seem challenging due to an apparent lack of physical evidence. Most people who engage in this behavior are cautious about leaving obvious evidence of their actions. However, an experienced attorney can help you build a strong case by obtaining witness testimony to support your claim, and they may uncover other forms of evidence you did not realize could be helpful to your case.
Q: What Are the Penalties for Sexual Harassment in California?
A: The penalties for sexual harassment in California could include liability for the victim’s damages as well as liquidated damages. Additionally, the EEOC and the California Civil Rights Department could impose fines and other penalties on the employer. For example, if the employer does not have an adequately robust anti-harassment policy in place, they could be compelled to invest in the creation of a more acceptable policy and conflict resolution system.
Q: How Long Does an EEOC Complaint Take?
A: The time an EEOC complaint could take depends on multiple variables. Having an attorney help you file your complaint can streamline the process, and the EEOC will deliver its ruling once it completes its investigation. The timeline for this process varies from case to case. Some complaints may take several months, while others will take much longer before the EEOC can deliver final decisions.
Q: Why Should I Hire a Lawyer to File an EEOC Complaint?
A: You should hire a lawyer to file an EEOC complaint because this process is likely to be more challenging than you initially expected. Your attorney can not only help you file a stronger initial complaint but also provide ongoing guidance and support during all of your interactions with the EEOC. If your claim is approved, you will have a better chance of success with your case if you have an experienced attorney representing you.
Take the Next Step—Contact Us
You can file an EEOC complaint after you leave a job in California, but it is important that you do so right away for the maximum chance of success with your case. Hiring the right attorney can make a tremendous positive difference in the outcome of this process, and the Diefer Law Group is ready to help you. Contact us today and schedule a free consultation to learn how we can assist you with filing your EEOC complaint in California.
