California Employment Discrimination Claims

How Thurgood provides non-attorney representation for employment claims in California in accordance with state and federal statutes without engaging in the unauthorized practice of law.

Employee Advocacy & Representation

Thurgood is dedicated to helping California employees seek justice for wrongful terminations and other workplace damages caused by discrimination, disability violations, whistleblowing, and wage & hour violations. Our employee advocates help clients achieve settlements outside of the civil court system by utilizing administrative options offered by state and federal agencies to achieve results without the need for an attorney.

We act as an agent in private negotiations between our clients and their employers, and the rules set forth by the California Department of Industrial Relations — Division of Labor Standards Enforcement (DLSE) authorize the use of non-attorney advocates.

Our authority to represent clients in federal administrative procedures is codified in the U.S. Administrative Procedure Act (APA) 5 U.S.C. § 555(b) and the rules of the Equal Employment Opportunity Commission (EEOC) and the Occupational Health & Safety Administration (OSHA).

Our Process

Upon signing a retainer, Thurgood’s process is similar to that of a traditional employment law firm:

1. First, we send a letter to the client’s employer to inform them of the intent to file charges and offer an opportunity to settle the matter privately.

2. Next, we sit with the client to draft a timeline of events and gather the associated documentation.

3. Then, we communicate the client’s story to the employer and make every effort to settle the matter privately.

4. Meanwhile, we convert the timeline and documents into formal charge documents and an evidence packet.

5. If both sides agree on settlement terms, we facilitate the signing of an agreement and transfer of funds.

6. If the parties are unable to reach a private agreement, we move forward to file charges on behalf of the client and represent them throughout the process.

Discrimination Claims: California Department of Industrial Relations — Division of Labor Standards Enforcement (DLSE)

Thurgood files charges on the basis of race, sex, pregnancy, disability or medical condition, age (40+), religion, national origin, and conviction record with DLSE. Claims may be filed with the division up to one year after the last act of discrimination.

Whistleblower Claims: California Department of Industrial Relations — Division of Labor Standards Enforcement (DLSE)

Thurgood files charges of retaliation due to reporting concerns about violations of workplace safety and health, consumer product, environmental, and financial reform laws with DLSE. The majority of claims may be filed within one year of the retaliatory act.

Wage & Hour Claims: California Department of Industrial Relations — Division of Labor Standards Enforcement (DLSE)

Thurgood seeks the recovery of unpaid wages, and all applicable interest and fees, with DLSE. Most claims may be filed with the division within one to four years, depending on the violation.

Other Claims

When appropriate, Thurgood files claims with the U.S. Department of Education on behalf of educators and school faculty, the National Labor Relations Board on behalf of union members, and on behalf of other special groups with a variety of state and federal agencies.