Action you must take before going to court

Before you can file a lawsuit you must present claims to certain governmental agencies. If you intend to pursue a claim under a California leave of absence law, you must present a complaint to the California Department of Fair Employment and Housing (“DFEH”) within one year. If you pursue your medical leave claims under the federal FMLA, you must generally present a claim to the U. S. Equal Employment Opportunity Commission (“EEOC”) within 180 days. Those agencies may investigate your claim and take action against the employer or they may simply give you a written notice of your right to sue your employer in court. Either way, a notice of right to sue is necessary before you can file a claim in court.