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After receiving a right to sue letter from the EEOC, I filed

 
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Customer Question

After receiving a right to sue letter from the EEOC, I filed a federal lawsuit under 42 U.S.C. 2000e, 42 U.S.C. 1981 and 1983. My attorney filed the case. The attorney charged me a large amount but failed to serve the defendants. My case was dismissed without prejudice. I refiled my case Pro Se. Do I have a problem with the EEOC right to sue letter? Also, I cannot find an attorney.

Submitted: 306 days and 9 hours ago.
Category: Employment Law
Value: $33
Status: CLOSED

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Expert:  PaulMJD replied306 days and 9 hours ago.

As long as you refiled the case within the 90 day period under the right to sue letter you do not have any problem with the right to sue letter. If the attorney failed to properly serve the defendants causing the suit to be dismissed, you also have a case to file a malpractice suit against the attorney to recover any damages from his failure to effect proper service, especially if his actions caused you to miss the statutory cut off period to file your suit.


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Expert TypeAttorney
Category: Employment Law
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Accepts: 11504
Answered: 7/17/2012

Experience: 20+ Years of Employment Law Experience

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