Tatyana E. Drevaleva v. California Department of Industrial Relations
FirstAmendment Privacy
Does Governmental Entity the California Department of Industrial Relations (DIR) have a right to file a Special Motion to Strike my Complaint (an anti-SLAPP Motion, C.C.P. §425.16) asserting that my Complaint violated the Entity's First Amendment right for free speech and petitioning if I filed a Complaint for Libel committed by the Entity regarding the reasons of the termination of my employment from Alameda Health System (AHS)?
QUESTIONS PRESENTED. 1) Does Governmental Entity the California Department of Industrial Relations (DIR) have a right to file a Special Motion to Strike my Complaint (an anti. SLAPP! Motion, C.C.P. §425.16) asserting that my Complaint violated the Entity’s First Amendment right for free speech and petitioning if I filed a Complaint for Libel committed by the Entity regarding the reasons of the termination of my employment from Alameda Health System (AHS)? Specifically, the DIR, the Division of Labor Standards Enforcement (DLSE) said in its December 29, 2016 Determination Letter that I was properly fired from my job at Alameda Health System (AHS) for committing medical _ negligence towards the patient whereas my former employer AHS never said _ that I had committed medical negligence towards the patient? 2) Does Governmental Entity the California Department of Industrial Relations , | (DIR) have a right to claim absolute Governmental immunity for discretionary acts pursuant to pursuant to Gov. Code §§ 815.2(b); 820.2; 821.6; 818.8, and to : assert privilege pursuant to Civil Code §47(b) if my Complaint arose from breach of the DIR’s mandatory duty (Gov. Code §815.6) to investigate my | both wage claim and my retaliation and unlawful termination claim as outlined at the California Labor Code §98.7: *SLAPP is an acronym of the “Strategic Lawsuit Against Public Participation.” : Page 2 of 64 (i) ‘Failure to interview a claimant and a respondent my former employer Alameda Health System (AHS) who fired me, see Labor Code §98.7(b) (ii) ‘Failure to interview the witnesses whom I listed in my both original claim and in my June 18, 2014 letter to Deputy of the Labor Commissioner Ms. Daly, see Labor Code §98.7(b) (iii) Failure to review the documents from my former employer AHS , regarding my performance and the reasons of the termination of my employment, see Labor Code §98.7(b) (iv) Failure to issue Determination within 60 days as was outlined at Labor Code §98.7(e) and processing my retaliation and unlawful termination claim. for an enormous amount of time 3 years and 4 : . months, see Labor Code §98.7(e) ; ; (v) Failure to send me a Determination Letter and therefore depriving me to appeal the Determination with Director of the DIR, see Labor . Code §98.7(e) (vi) Failure of the public officers charged with the duty to protect . complainant's property and the officers’ inability or unwillingness to . furnish adequate protection, see labor Code §1138.1(a)(5)? | 3) Is Libel regarding the reasons of the termination of my employment from AHS protected by the First Amendment to the U.S. Constitution and the California ; Constitution? Page 3 of 64 4) Can the Governmental Entity DIR assert that my Complaint arose from DIR’s First Amendment right for free speech and petitioning if my Complaint arose from: a) the consistent DIR’s refusal to give me explanations and evidence regarding DIR’s allegation that I had been fired from AHS for committing medical negligence towards the patient, b) from DIR’s refusal to interview me and to interview Respondent AHS who never said that I had been fired for medical negligence towards the patient; c) from DIR’s refusal to interview witnesses whom I listed in my June 18, 2014 letter to Deputy of the Labor Commissioner Ms. Catherine Daly, d) from DIR’s refusal to conduct an investigative hearing at my request, oO e) from DIR’s attempt to coerce me to withdraw my retaliation and unlawful termination claim “on my own free will”, f) from DIR’s procrastination for 3 years and 4 months instead of 60 statutory days imposed by Labor Code §98.7(e) while DIR was investigating my : ; retaliation and unlawful termination claim, and ; . g) from DIR’s refusal to send me the Determination Letter, so I could appeal | the Determination with Director of DIR Ms. Christine Baker? 5) Evaluating the Second Prong of the anti-SLAPP statute, is DIR eligible to assert Governmental immunity pursuant to Gov. Code §§815.2; 820.2; 821.6