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What happens if I quit my job AFTER I file a charge with EEOC

but BEFORE the investigation or...
What happens if I quit my job AFTER I file a charge with EEOC but BEFORE the investigation or mediation process is over? Will my complaint automatically "lapse" or will the EEOC process continue and give me a "right to sue" notice.
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Answered in 2 minutes by:
3/27/2010
Anne_C
Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2,302
Experience: 15 Years Litigation Experience
Verified

The EEOC Investigation will continue, and you will be given a "right to sue" letter if the EEOC is not able to resolve your complaint.

 

However, do let the EEOC know that you are quitting your job. It will affect your right to recovery of certain items that the EEOC would ask for you to receive if you were still employed. The EEOC may also want you to get information for them before you leave your job, or as part of your termination.

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Customer reply replied 7 years ago
Can you please elaborate on quitting affecting my right to recovery of certain items? What are these items? Will it affect what I can recover if I sue?

Here are some of the things that the EEOC may be able to get for you:

 

  • Attorneys' Fees and Costs - if you retained an attorney to help you, you can ask for his or her fees to be paid. If you had costs, such as traveling to and from meetings; making copies of documents, videos, etc. you can ask for this as well.

  • Compensatory Damages - any money that you have actually lost as a result of the discrimination. For example, if you saw a doctor for treatment, you can ask that be paid.

  • You can also ask for pain and suffering, which usually is around two to three times your lost wages.

     

  • Back Pay - if you lost wages as a result of the discrimination.

     

  • Future lost income.

     

  • Reinstatement to your job, and possibly a promotion.

     

  • An agreement that if you leave employment, that your employer will give you a neutral reference (job title, dates of employment, salary). You can also ask for a letter of recommendation.

     

  • An agreement that your employer will withdraw its opposition to your unemployment, or compensate you for unemployment benefits that were not paid.

     

  • Removal of any negative information from your employment file

     

  • Outplacement service to help you find a new job.

     

  • An apology letter, although the employer will probably require that you keep that confidential.

     

  • A written guaranty that you will not be retaliated against for filing the complaint, or for giving testimony, assistance or participating in any manner in an investigation, proceeding or a hearing relating to your complaint, and that anyone who helps your case will not be retaliated against..

     

  • An agreement that your employer will not say bad things about you.

If you quit, you would have a hard time getting reinstatement or owed promotions; that's usually something that people who are fired would get.

Anne_C
Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2,302
Experience: 15 Years Litigation Experience
Verified
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Anne_C
Anne_C
Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2,302
2,302 Satisfied Customers
Experience: 15 Years Litigation Experience

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