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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Is there a timeline for EEOC cases to be heard ?

Resolved Question:

Is there a timeline for EEOC cases to be heard or have a summery judgment made? My EEOC case docket # XXXXX judge assigned since 2001. Since 2005 my attorney and the Gov't's have asked for a summery judgment every year since.


The judge has simply not taken action. In July 2011 I wrote my Congressman, who wrote the director of EEOC in So.CA to look into the matter. The Judge had the 2 attorneys in conference calls and then the judge cut off all forms of communication with them. Both sides are frustrated. Is this judge in any violation of his duties? I value you answers.Thanks, M.

Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
You must be kidding. I've never heard of anything like this -- someone is jerking your chain about the situation.

Is this administrative law judge (ALJ) or a Federal District Court judge?
Customer: replied 3 years ago.

Monday Oct.4th 2011

 

Thank you for replying. I am just catching up on my emails.

No I am not kidding. I do not have time in my life for "creating" such situations.

This situation has played havic in my life.

 

The judge is an administrative law judge (ALJ). I have not screamed or complained loudly enough because I did not want to p.o.(piss-off please excuse the term) a judge and loose my chances of winning my case. But my life and career have been damaged because of it. I have taken each step within the system that I am aware of, and have little reply or action. My co-worker's case went forth years go because she contacted the Black Democratic Congressional office in DC and Congrasswoman Maxine Waters got her case moved on. It was the same judge and she won. It was the same people in our dept that caused problems with me. So there is a track record of how they operated. I also filed my EEOC case months before my co-worker did. Un-fortunately I do not have the same ethnic political pull.

I am trying to research if there is any reports, cases, that are documented regarding abuse of timeless of hearing/ruling EEOC cases. Where would I find anything like this? What law library could I go to?

This is a serious case. So I am asking for a serious reply.

Many thanks,

M.

Expert:  socrateaser replied 3 years ago.
The answer to this question, while expensive in practice, is simple in substance: File for an injunction in Federal District Court to order the EEOC to render a decision. An Article II ALJ works for his/her agency -- there is no immunity from removal from office, as would be the case with a sitting Article III judge. The judge can be ordered to decide, or replaced.

The ALJ generally has 180 days to render a decision. 29 C.F.R. 1614.109(i).

This all begs the question re what your attorney has been doing for the past decade. I would have been all over this, and obtained an order from the federal court to force the ALJ to render a decision.

So, it "feels" like malpractice on the attorney's part. But, since I've never heard of a case going on like this forever, I'm not going to comment further, other than to suggest that you may want to contact a legal malpractice lawyer and see if there may or may not be a collateral legal recourse for you at this point.

For a referral, see this link.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 3 years ago.

Tuesday Oct.4th 2011

Hi:

Many thanks for your reply.

I too have wondered why my attorney just accepted a back seat to this, but since I was running out of options, and that I have limited experience in this, and money, I had no other way of knowing what other avenues to take.

It appears there are very few attorneys that take EEO cases, at least that has been my experience. I recently attended "Handel on the Law".com ( a radio show program KFI 640 am) Law Day event- where there are attorneys available to answer questions (free of charge) in various types of practices. There were none available that delt with EEO cases but only 2 did offer some minor steps. One suggestion was to write the EEOC director again for more action. The other suggested a "Writ or Rit (spelling??) of Mandate". That was a week ago Sat. Since then I have been researching the internet to see if there is any info. regarding EEOC cases that have been won or anything on what case history this judge has ruled on. There must be some way to research EEO cases but I do not know how. At least I would know how this judge rules and what cases similar to mine have turned out.

All I have been told is that EEOC cases take a long time, but this long??

I am now very upset, but not sure other than what you have suggested to do.

Many thanks,

M.

 

Expert:  socrateaser replied 3 years ago.

It appears there are very few attorneys that take EEO cases, at least that has been my experience. I recently attended "Handel on the Law".com ( a radio show program KFI 640 am) Law Day event- where there are attorneys available to answer questions (free of charge) in various types of practices. There were none available that delt with EEO cases but only 2 did offer some minor steps. One suggestion was to write the EEOC director again for more action.


A: As if that would have any effect. Good thing the advice was free.


The other suggested a "Writ or Rit (spelling??) of Mandate".


A: Writ of Mandamus/Mandate. used to order a federal official to do his/her job. 28 U.S.C. 1361.


That was a week ago Sat. Since then I have been researching the internet to see if there is any info. regarding EEOC cases that have been won or anything on what case history this judge has ruled on. There must be some way to research EEO cases but I do not know how. At least I would know how this judge rules and what cases similar to mine have turned out.

 

A: There are no similar cases to yours. I've never heard of action this dilatory in the past. Someone has either an ulterior and wrongful motive to prevent the decision from being rendered, or you have been subjected to what can only be described as the longest run of bad luck in the history of the EEOC.


All I have been told is that EEOC cases take a long time, but this long??

I am now very upset, but not sure other than what you have suggested to do.

 

A: You only have one choice: get an injunction/writ of mandamus from the federal court to force the court to act, and additionally, if you wish to pursue it, find a legal malpractice attorney to consider suing your lawyer.

 

Hope this helps.

 

 


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


 

socrateaser, Lawyer
Satisfied Customers: 34867
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Tues. Oct. 4th 2011

6:28pm

Many thanks for your replys and citations.

I do not know if you are in Califonia (the sue state).

If in future, you do find out that others have had length waiting periods let me know.

I am determined to see this thru. even if I have to contact the Los Angeles Times.

They are always hungry to run a 'story'. I really do not like their "far-out left political correctness stance", but what other ways can I get this case settled?

I will let my congressman Buck McKenneon know as well what the little action Judge Abrams has taken since the EEOC Director got involved a few months ago.

 

I have clicked the "accepted" button.

Again Many thanks,

M.

M.

Expert:  socrateaser replied 3 years ago.
You're welcome and good luck.
socrateaser, Lawyer
Satisfied Customers: 34867
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

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