Can I still file a claim if I didn’t report the discrimination or harassment when it happened?
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Can I still file a claim if I didn’t report the discrimination or harassment when it happened?
You may still be able to file a legal claim even if you did not report the discrimination or harassment to your employer when it occurred, but it depends on the circumstances. If you did not make an internal complaint, you may have a viable claim if your employer knew or should have known that the conduct occurred. Or in some circumstances the employer has strict liability, such as sexual harassment by a supervisory employee.
Regardless of whether the employee is legally required to report harassment or discrimination to your employer, doing so can be important for your case. Many employees fear retaliation if they make a complaint. However, if your employer had policies in place for reporting misconduct and was never given a chance to correct the problem, it may substantially reduce their liability. In addition, California law protects employees from retaliation for raising good-faith concerns about illegal behavior, such as discrimination and harassment.
An experienced San Francisco employment lawyer can evaluate your situation and help you understand your options. Contact McCormack Law Firm to learn more.
Other Discrimination & Harassment FAQs:
- Are employment discrimination claims common in California?
- Are transgender workers protected under California’s employment laws?
- Can California employers ask about my criminal record?
- Can I record conversations at work to prove I experienced discrimination or harassment?
- Can I still file a claim if I didn’t report the discrimination or harassment when it happened?
- Can my employer fire me for filing a discrimination claim?
- Can my employer fire me if I file a discrimination claim?
- What is a hostile work environment?
- What is an adverse employment action?
- What is sex stereotyping discrimination?
- What kind of proof is required for a discrimination claim?
- What should I do if my supervisor is harassing me?
- What types of compensation are available in a California employment discrimination case?
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This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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