Tatyana E. Drevaleva v. California Department of Industrial Relations
FirstAmendment Privacy
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 1 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:
Failure to interview a claimant and a respondent my former (i)
employer Alameda Health System (AHS) who fired me, see Labor
Code §98.7(b)
Failure to interview the witnesses whom I listed in my both original (ii)
claim and in my June 18, 2014 letter to Deputy of the Labor
Commissioner Ms. Daly, see Labor Code §98.7(b)
Failure to review the documents from my former employer AHS (iii)
regarding my performance and the reasons of the termination of my
employment, see Labor Code §98.7(b)
Failure to issue Determination within 60 days as was outlined at (iv)
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)
Failure to send me a Determination Letter and therefore depriving (v)
me to appeal the Determination with Director of the DIR, see Labor
Code §98.7(e)
Failure of the public officers charged with the duty to protect (vi)
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?
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 liste
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)?