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Wrongful termination and EEOC negligence in handling my case,

I was discriminated for race...
Wrongful termination and EEOC negligence in handling my case, I was discriminated for race, age, and sex, the employer stated it was job performance, I filed for unemployment and was approved, later the employer appealed it, attended an appeals hearing over the phone, the employer had two witnesses, manager and supervisor, later the Georgia Department of Labor Appeals Tribunal made a decision in favor or me, I filed charges with the EEOC, later I inquired about receipt of charges and whether or not the employer has been contacted, they advised charges were received. I have an email from them listing the receipt date. Later on, I kept calling and emailing them with no success about status updates, I never received an official letter in the mail, later in February of 2011 I was finally able to speak with someone, she they stated the file was closed and the statue of limitations have expired. They stated they attempted to contact me one time in October of 2010 by phone for additional information such as my date of birth, although my age was listed on the charge. I never received one letter from the EEOC. Is there any recourse to this matter.
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Answered in 14 minutes by:
3/8/2012
MDLaw
MDLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6,138
Experience: Experience in consumer litigation and FDCPA matters
Verified
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

When were you terminated? When did you file a complaint with the EEOC?
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Customer reply replied 6 years ago
I was terminated August 2010, I filed a complaint with the EEOC October 2010, I contacted them as a follow up each month until someone finally answered the phone at the Atlanta District Office the end of February 2011
And what has happened in the last year? What actions have you taken, if any?
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Customer reply replied 6 years ago
I was unemployed for 1 year, worked for a temporary agency for 5 months ending this February, unemployed again, no other actions taken, I am beginning to think that my former employer from 2010 is giving out false information to other employers to damage my character. The last response that I received from the EEOC Atlanta District Office was that they were going to forward the file to their legal department to see if the case can be reopened and that was in March 2011, I have not heard anything from that office since. I even contacted the EEOC headquarters in Washington D.C. during that time, they gave me a contact name and number within the Washington D.C. office that is an Atlanta Liaison - Program Anaylst for the Field Management, left her several messages, no return phone call to this date.
Customer reply replied 6 years ago
I have phone records from my cell phone showing that I was in constant contact with the EEOC office so that I would not be outside of the statue of limitations, that is why I was constantly following up on the case, I also have all documents including the initial charge letter, Georgia department of Labor letters and appeals, employer separation letter, Employee Couseling Records, emails showing my supervisor was creating a hostile environment, employer's answer to the Georgia Department of Labor, my answer to the Georgia Department of Labor, emails from the EEOC confirming receipt of the charges, etc.
Customer reply replied 6 years ago
I worked for this former employer for over 10 years
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,307
Experience: Attorney experienced in commercial litigation.
Verified
Your first step here was filing a written appeal to the EEOC main office in DC, to the director asking the case be reopened based on your evidence of making continued contact and them closing the case in error. The Director of the EEOC has the power to reopen the case which would allow the statute of limitations to continue until they issue their ruling or a right to sue letter.

As you are not getting a response from the director, you will have to file a suit out of time and seek to have the court waive the statute of limitations based on the errors made by the EEOC causing your delay in filing. You file your suit together with a motion to file out of time and explain in your motion the reason for the delay and attach all of your proof of constant communication with the EEOC and this is grounds to waive the statute of limitations.

Hostile work environment, so you are aware, has a very different meaning than many employees think. The US Supreme Court has stated that the laws on hostile work environment were enacted to protect the employee from conduct based only on their age/race/sex/disability and they were not intended to create a code of civility in the workplace (See: Oncale v. Sundowner Offshore). I tell you this so you know whether or not your suit would qualify for a hostile work environment suit as you would have to prove that the reason your supervisor treated you this way was based only on your age/race/sex/disability. If you can do so, then you need to file your suit and the motion to file out of time.


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Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,307
Experience: Attorney experienced in commercial litigation.
Verified
Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 6 years ago
Hi, and thanks for the advice and service you previously provided for me, it was very helpful. I sent a written appeal to the director at the Washington, D.C. office, they contacted the Atlanta office, a supervisor that worked in the charge department called me and I returned the call today, I was advised that the EEOC body cannot act on the charge even if the charge was reopened because of the law Congress enacted, the 180 day rule, he said that if it was reopend, the only thing that they could do was to issue a "right to sue" which I knew already, he also stated it was an issue of jurisdiction. He advised me to send a letter to the director at the Atlanta District Office to re-open the file, he stated that the director do not have the authority to allow the statue of limitations to continue.

I will wait to see what the director at the Atlanta office has to say. I also wanted to get your advice on what I could do if the director send a negative repsonse. I also would like to know if you can refer me to an Attorney that I can afford as I am currently unemployed as I stated in my previous statements.

Based on what the director at the Atlanta office says, I would like to seek an affordable attorney who can look over my documents to see if I have a case to bring a suit; this is the most important issue at hand.
If the director refuses to open the case again, just ask for your right to sue letter from them. AS far as an attorney, we are forbidden from making personal referrals, so the best we can do with that is suggest the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com
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Customer reply replied 6 years ago
Thanks for the info., I will look into state attorneys, etc., depending on what the director decides to do, I will note the websites you given me.
Thank you.
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