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Joseph
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Category: California Employment Law
Satisfied Customers: 4864
Experience:  Extensive experience representing employees and management
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I filed a discrimination complaint against my emloyer with EEOC. They took 5 years to get

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I filed a discrimination complaint against my emloyer with EEOC. They took 5 years to get to my claim. Then, they stated that they found no basis for discrimination and refused my appeal. I think I pressed them too much, wrote letters to the head of EEoc which she sent right back to the department and did nothing. I believe EEOC made a mistake in looking over my case after 5 years.The case worker was upset with me and quickly closed my case. What can I do? Is there a recourse for me? They sent me a letter saying they would not accept any appeals from me.I believe that they made mistakes in examining my case which I pointed out to them. Immediately after they closed my case and will not grant me an appeal. What can I do?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Did you receive a 'right to sue' letter from the EEOC or were you just notified that your case was closed and that no basis for discrimination was found?
Customer: replied 2 years ago.

At the beginning I received a right to sue letter. I was notified in April 2012 that they found no basis. However, I KNOW that they made a mistake in their investigation. When I wrote to the commissioner and let the case worker know that I feel an error was made, I was then told that I could not appeal. Can my case be re-opened? I also thnk that because of my persistence after 5 years of waiting it was just "thrown out" to get rid of me. Like I said, the case was not quite investigated properly. I told them that I was written up all of the times for errors that were others were also making. I made copies of these errors. EEOC said that there were write ups in their personnel files. However, I told her that because they (employer) realized their errors of not writing the others up, they began writing them. I have copies of the errors made in 2005/06 by the other employees. I asked, do the write-ups dates equal the dates of the mistakes? I told her anyone could quickly add write ups to the others files. Were they written up in 04,05,06 for the errors that they made? No answer!!! Within a week, I received a letter stating they were closing the case

Expert:  Joseph replied 2 years ago.
Unfortunately, if they closed the case and stated that they would not re-open it, there's no legal procedure to force them to do so.

If you received a right to sue letter, then the way to further the case, would be to file a law suit in court for discrimination. The EEOC typically only investigates cases and extremely rarely actually represents people in court. Also, their decision that they found no basis for discrimination wouldn't mean that a court or a jury wouldn't find otherwise.

Unfortunately, the statute of limitations for filing suit is one year from when you received the right to sue letter, so it may have already run, if you received a 'right to sue' letter at the beginning of your case.
Joseph, Lawyer
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Experience: Extensive experience representing employees and management
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