On the other hand, if you request a hearing, an EEOC Administrative Judge will conduct the hearing, make a decision, and order relief if discrimination is found. You'll have the opportunity to present matters in your own light and more complete than your investigation file. Once the agency receives the Administrative Judges decision, the agency will issue what is called a final order which will tell you whether the agency agrees with the Administrative Judge and if it will grant any relief the judge ordered. The agency will have 40 days to issue the final order. It will also contain information about your right to appeal to EEOC, your right to file a civil action in federal district court, and the deadline for filing both an appeal and a civil action.
Also, it is important to note that any appeal of the EEOC finding will include only the record created. So if you do not have a hearing, anything that is not included in the file is not reviewed. Thus, in my view it is almost always better to have a hearing…even if you do not have an attorney.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
Just to be sure, My requesting the hearing, I can add more to the case that will be reviewed at the end. But I am concerned about the Mixed case. After reading the ROI, there is grounds on discrimination, but allot of issues were brought up that fall in the MSBP area. Based on what I've read, even though I got EEO side, I still have an opportunity, if the EEO case fails to request MSPB within a certain amount of time after the agency final decision, right? I'm at a loss with this as I have lost so much because of this. I was removed from the Agency in January. I'm trying my best to make ends meet working 6 days a week 12+ hours a day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).