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Case against government employee??

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J

J Johnson

Guest
What is the name of your state?Calif
I filed a discrimination due to disability at workplace against my employer with the DFEH. The employer refused to mediate. It went to an investigator who contacted me to say they had found enough evidence to bring charges. The case was sent to Sacramento. I was told to sit tight, :confused: they would contact me.
Two weeks before the statute of limitations ended, I was contacted by another mediator from DFEH who said he was going to mediate my case. I explained it had already gone to Sacramento to file charges and he said I was wrong. I was accused of holding up the case and doing nothing to help reach an agreement. The original intake worker, mediator, investigator and supervisor who worked my case no longer worked at the DFEH office. At first the employer again refused to mediate. Then 2 days before statute of limitations ran out the mediator faxed me a proposal he said my ex-employer wrote. I agreed to it, signed it and faxed it back. The mediator said he would send my award check the following week. Time ran out. I received a notice saying case closed due to successful mediation and I could no longer sue for discrimination. Then he (mediator) called saying I needed to sign an addition to the original agreement. It was actually a brand new proposal written by my employer, totally different from what I already agreed to.
I refused, saying I already signed an agreement. The mediator said if I didn't sign he would make sure I got nothing, he had the power to give and the power to take. He said I had no choice. The supervisor, without reading my case, said the mediator had worked hard and I was ungrateful. She also said I was lazy, wasting their time and a liar, that I had never signed any agreement. She said the case was past the statute of limitations and she was officially closing it now. (??? )
It turned out the mediator wrote up the original agreement himself and represented it as being written by my ex-employer. The ex-employer was told it was written by me and he refused it, but wrote up a new one. This was the agreement the mediator brought to me after I thought an agreement had been reached. I even got notice in the mail saying my case had been successfully closed and I could not bring further charges after I signed the first agreement. The supervisor refused to help me.
I requested my file and got the run around. It would take 4-6 months to get it and the statute of limitations ran out in 3 months.
Whistleblowers decided to investigate the mediator and I was only told he had been 'let go' due to my information, but they could not help me to get restitution from my mistreatment.
Do I have any basis for suing the mediator or DFEH? I have been unable to get any information at all about my case and how it was handled.
Is it worth going to an attorney? If so, what kind? Lastly, what is the statue of limitations for a case like this?
 



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