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Question

My charge against my employer with the EEOC was offered for mediation and my employer declined. I know a EEOC investigation can take 6 to 18 months. My lawyer tells me that, when they write their "statement of position", we will have another chance to settle. What is the average wait until my case will be assigned to a investigator and what is the time frame when my employer submits their statement of position.

TIME FRAME: From Mediation Declined until Statement Of Position is submitted?

Edited by XXXXXXX on 8/12/2008 at 7:05 PM

Submitted: 468 days and 4 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Wilmington, Delaware

Already Tried:
lawyer and EEOC will not give me a straight answer

Posted by PaulMJD 468 days and 4 hours ago.

Answer

The EEOC has 180 days to complete an investigation or you can request a right to sue letter. If you do not request the right to sue letter, then the EEOC can complete its investigation and upon completion, based upon the outcome, the employer may seek to settle at that point. The employer has 30 days to sumbit its statement, but can ask for continuances from the EEOC and the time frame then is up to the EEOC.


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Edited by PaulMJD on 8/12/2008 at 7:16 PM

468 days and 4 hours ago.

Reply

Reply to PaulMJD's Post: I am confused by this answer, at what point is the statement of position issued, at the begining of the investigation or at the end of the investigation?

Accepted Answer

It should be issued during the initial aspects of the investigation. If mediation is rejected, then the statement should be submitted for the investigation to proceed.

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Expert: PaulMJD
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Accepts: 
Answered: 8/12/2008

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