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Question

I filed a complaint in Philadelphia EEOC office and I have been informed that the case had been transferred to the Cleveland EEOC office. After checking the Cleveland office I found that The Cleveland Field Office has jurisdiction over the State of Ohio Counties of Ashland, Ashtabula, Athens, Belmont, Carroll, Columbiana, Coshocton, Crawford, Cuyahoga, Delaware, Erie, Fairfield, Franklin, Geauga, Guernsey, Harrison, Hocking, Holmes, Huron, Jefferson, Knox, Lake, Licking, Lorain, Mahoning, Marion, Medina, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, Vinton, Washington, and Wayne. It is my understanding that The jurisdictional area represents the state, county or city in which an alleged incident of employment discrimination took place. The incidents took place in Pennsylvania not Ohio. What is my recourse?

Submitted: 268 days and 15 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Johnstown, Pennsylvania

Already Tried:
I filed a complaint in Philadelphia EEOC office and I have been informed that the case had been transferred to the Cleveland EEOC office. After checking the Cleveland office I found that The Cleveland Field Office has jurisdiction over the State of Ohio Counties of Ashland, Ashtabula, Athens, Belmont, Carroll, Columbiana, Coshocton, Crawford, Cuyahoga, Delaware, Erie, Fairfield, Franklin, Geauga, Guernsey, Harrison, Hocking, Holmes, Huron, Jefferson, Knox, Lake, Licking, Lorain, Mahoning, Marion, Medina, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, Vinton, Washington, and Wayne. It is my understanding that The jurisdictional area represents the state, county or city in which an alleged incident of employment discrimination took place. The incidents took place in Pennsylvania not Ohio. What is my recourse?

Posted by Len 268 days and 13 hours ago.

Info Request

 

1. Have you received a letter acknowledging receipt of the complaint?

 

2. Did the EEOC in Cleveland tell you that the complaint was there and being processed?

 

3. How did you file the complaint, in person, certified mail?

 

 

Thanks,

 

Len

 

268 days and 8 hours ago.

Reply

 

Thank you for your reply.

 

 

Yes, I received a letter from the Philadelphia EEOC accepting my case and the letter included the usual information about additional info and disclosure.

 

Yes, a month later I received a letter that the case was transferred to the Cleveland office.

 

The complaint was filed by certified mail and the Philadelphia EEOC acknowledges receipt of same.

 

I want my case heard within the jurisdiction of PA. Not Ohio. I suspect the Federal government has changed venue for their benefit.

 

Additionally, I am a federal government employee - U.S. DOJ - Fulltime..

 

Sincerely,

 

XXXXXXX XXXX

Posted by Len 267 days and 23 hours ago.

Answer

William,

 

Sorry, I didn't get back to you last night, but it was my birthday.

 

Your question really involves the legal issue of "venue". For now, it really doesn't matter which particular EEOC office processes the complaint, because this is purely administrative. Just one note on that: don't rush the process. Let the EEOC actually do some investigation. They would be more than happy to close a case and issue the "Right to Sue Letter", but you can use the administrative results in your case.

 

After the EEOC completes the investigation, you will be issued a report with their findings along with the Right to Sue letter. You then will have 90 days to file your complaint in a Federal District Court. This is where venue comes in. You file in the district court that physically includes the place where the discrimination took places, (i.e. back in PA).

 

It is possible to have venue changed, but initially, whatever court you file in will be the one that hears your case.

 

In the meantime, you need to be looking for a good employment lawyer. Once the case gets filed, the government will get very busy defending the claim, and you will need a lawyer.

 

I hope this helps.

 

Len

 

Please press accept and leave some feedback when you get a chance.

 

 

267 days and 20 hours ago.

Reply

 

OK, I think I understand. The hearing location will not be Cleveland, am I correct? The expense of travel for me, attorney and witnesses would be high. As long as my hearing is in Pittsburgh or Philadelphia, I am content to let EEOC perform Administrative action(s) in Cleveland.

Accepted Answer

That is correct. The hearing will be at the place most convenient for all the witnesses. I doubt that they would require everyone to travel over there, but I would recommend you start communicating with them about that now.

 

Keep looking for an attorney.

 

Take Care,

 

Len

 

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Expert: Len
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/28/2009

Lawyer

15 years experience in employment and criminal Law.

266 days and 19 hours ago.

Reply

Thank you!

Posted by Len 265 days and 22 hours ago.

Answer

More than welcome, Take Care.

 

Len

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