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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20070
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Hello, What are non-privileged documents I just received

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What are non-privileged documents? I just received them from the public agency for me to review to meet the appealing deadline. However, my investigator is not cooperating. After reviewing non-privileged documents, I realize that without my investigator's cooperation, it will be a challenge to continue with appealing process. What can I do?

Non-privileged documents are documents that are releasable to someone other than the parties who have the privilege. In other words, some documents are privileged under the law, like attorney-client privilege documents, proprietary information, attorney working papers, etc.. So, you got all the documents that could be released to you. As for your investigator not cooperating with me, I'm not sure who you are talking about and what you mean by 'cooperating.' Can you explain what you mean?
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Customer: replied 6 years ago.
My investigator is a eeoc assigned employee to me who handled my non-privileged documents relating to my case. Unfortunately, my investigator hasn't been consistent with the answering my calls left in the voice messages in timely manner to appeal my case, in fact, zero return calls since the beginning of handling my case. I have been running around circles and wasted much of valuable 30-day appealing policy established by the agency. I even had to travel in person to physically turn in my request to release non-privileged documents. Moreover, it doesn't stop there, they wasted another week handling my request because my request to release document hasn't reached the department I specifically addressed to. Unfortunately, I found out that my investigator hasn't been honest with me if the information I have until today is all I have available to me. I hope my answer can be better, so currently I'm very frustrated over my investigator. What would be an appropriate channel to handle my present situation?
Thank you for the clarification. You do need to keep in mind that these investigators have a huge workload and although they may be executing their duties correctly it may not appear to be that way to you. Having said that, you can call the EEOC and ask to speak to his supervisor to see if you can clear up any real issues that you have and to discuss the handling of your case.

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