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I recently hired a lawyer to file a EEOC Complaint on my behalf.
My employer has interviewed all my co-workers and has received statements from the people including in my claim.
My lawyer says 'the ball' is in my employers court now. My lawyer is also not very communicative so I'm trying to find out what's next for me since the interviews are complete.
Location: In a city within a state where politicians come to get their PHDs in Corruption
2,907 posts, read 2,068,225 times
Reputation: 4478
Quote:
Originally Posted by Tricia Pucciarello
I recently hired a lawyer to file a EEOC Complaint on my behalf.
My employer has interviewed all my co-workers and has received statements from the people including in my claim.
My lawyer says 'the ball' is in my employers court now. My lawyer is also not very communicative so I'm trying to find out what's next for me since the interviews are complete.
Anyone know?
Your lawyer is not communicative probably because it's a small single claim and chances are he/she is working on contingency.
I'd love to help, but your post is very confusing, especially in regards to interviewing your co-workers and receiving statements from them? I'm not sure what this means? Did they write letters on your behalf, and against their current employer? This would be very unusual, especially early in the process. Can you elaborate?
In general, unless you choose mediation, your employer settles, or you withdraw your complaint (after 180 days of filing), and file in court, this process will take two-to-three years.
I recently hired a lawyer to file a EEOC Complaint on my behalf.
My employer has interviewed all my co-workers and has received statements from the people including in my claim.
My lawyer says 'the ball' is in my employers court now. My lawyer is also not very communicative so I'm trying to find out what's next for me since the interviews are complete.
Anyone know?
You have to wait until the EEOC closes the investigation. That will take probably 6-10 months.
You will receive notification from the EEOC when the investigation is completed.
If the EEOC determines that there is insufficient evidence to corroborate your claim, then that is the end of the matter, because you are not legally allowed to file a lawsuit.
If the EEOC finds sufficient evidence to move forward, then you'll receive a notice stating that you have the right to sue, and your lawyer has 90 days to file a lawsuit, or you will have 90 days to find a new lawyer to take your case and file a lawsuit.
It is unlikely the EEOC will take legal action, since they rarely do. If the EEOC finds for you, they will effectively initiate arbitration to resolve the matter with your employer. If your employer blows off the EEOC, the EEOC won't take legal action unless it will set a precedent, or clarify existing court rulings, unless the EEOC has a slam-dunk case, and those are incredibly rare. In that instance, it's up to your lawyer to get the job done in court.
As far as your lawyer not being communicative, there's nothing to communicate until the EEOC finishes the investigation. Pestering your lawyer to death will not make the EEOC investigate faster, and your lawyer cannot make the EEOC investigate faster no matter how much you pester him/her.
Whatever will happen will happen whenever it happens and not before.
Lawyers not being communicative is one of the most frequent complaints about them. You must remember they are lawyers ( I assure you they won't forget that) and their time is more important than yours.
I'm curious why you hired a lawyer to file an EEOC complaint when you can do it yourself. There may be cases where its to your advantage to do so, so I'm not suggesting it was necessarily a mistake. Just curious what led to that decision.
Location: In a city within a state where politicians come to get their PHDs in Corruption
2,907 posts, read 2,068,225 times
Reputation: 4478
Quote:
Originally Posted by Mircea
You have to wait until the EEOC closes the investigation. That will take probably 6-10 months.
You will receive notification from the EEOC when the investigation is completed.
If the EEOC determines that there is insufficient evidence to corroborate your claim, then that is the end of the matter, because you are not legally allowed to file a lawsuit.
If the EEOC finds sufficient evidence to move forward, then you'll receive a notice stating that you have the right to sue, and your lawyer has 90 days to file a lawsuit, or you will have 90 days to find a new lawyer to take your case and file a lawsuit.
It is unlikely the EEOC will take legal action, since they rarely do. If the EEOC finds for you, they will effectively initiate arbitration to resolve the matter with your employer. If your employer blows off the EEOC, the EEOC won't take legal action unless it will set a precedent, or clarify existing court rulings, unless the EEOC has a slam-dunk case, and those are incredibly rare. In that instance, it's up to your lawyer to get the job done in court.
As far as your lawyer not being communicative, there's nothing to communicate until the EEOC finishes the investigation. Pestering your lawyer to death will not make the EEOC investigate faster, and your lawyer cannot make the EEOC investigate faster no matter how much you pester him/her.
Whatever will happen will happen whenever it happens and not before.
Can you please stop giving bad advice?
a.) No way full investigation takes six-to-ten months. That is what they say, but it will likely take two-to-three years.
b.) Even if EEOC finds no reasonable cause of discrimination, the claimant will still receive a right to sue letter. In fact, she can request it herself after 180 days, and close the investigation with EEOC. Not legally allowed to file a suit? What kind of nonsense is that?
None of the information I presented was incorrect.
Quote:
Originally Posted by tolovefromANFIELD
a.) No way full investigation takes six-to-ten months. That is what they say, but it will likely take two-to-three years.
The actual amount of time is a function of case load.
In major metropolitan areas with large populations, it may take several years to process EEOC, Social Security Disability or Veteran Disability claims, but in smaller metropolitan areas, claims are generally processed in a timely manner.
You're conflating the investigative process with the conciliation process, which can take 2-3 years.
By law, the investigative process is 6 months, except in complex cases or where the claimant has introduce new evidence or new claims, and that extends it.
The conciliation process can take several years.
Quote:
Originally Posted by tolovefromANFIELD
b.) Even if EEOC finds no reasonable cause of discrimination, the claimant will still receive a right to sue letter.
That's not true. One of the functions of the EEOC is to act as a clearinghouse to weed out frivolous claims, so that the courts are not over-burdened.
That is how the law is designed.
You may file a claim for age discrimination or equal pay issues without a notice of the right to sue, but nothing in the OP suggests the claim is based on age or equal pay.
Quote:
Originally Posted by tolovefromANFIELD
In fact, she can request it herself after 180 days, and close the investigation with EEOC. Not legally allowed to file a suit? What kind of nonsense is that?
She can request it after 180 days, without closing the claim with EEOC. The continuation of any claim is a decision made by the local director, district director, field director or area director. Two other field directors and general counsel also have the authority to continue a claim in addition to the aforementioned bureaucrats.
She can also request it before 180 days, and the EEOC will grant it, if they believe they will not finish the investigation within 180 days.
Without the blessing of the EEOC, it's unlikely a claim will survive in court.
EEOC complaints are difficult unless you have a lot of concrete evidence of what occurred, such as written communications (emails) or documented statements from other people who will vouch for you.
Seems like it's much easier to just go get another job and move on with life.
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