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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20401
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have an EEOC complaint against my employer, that is a mental

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I have an EEOC complaint against my employer, that is a mental health provider for the RHBA in Maricopa county. The complaint is for sexual harassment, and gender and age discrimination in their promotions for leadership positions. The complaint was filed in Sept 2012; I attended arbitration in January 2013 and which I declined to continue with when my employer offered management training for positions they were hiring women under 40 yo for who had not attended any company mandated management training. To date, there have been retaliations regarding my annual performance report, allegations by female staff that I have made racist remarks, and my work has been overly scrutinized and purposefully delayed by supervisors presenting my work as less than acceptable and late. The EEOC investigator has not made any rulings and has not indicated at what level of the investigation my charge is. I remain without remedy other than I continue to remain employed in the same positions with the same team with the same employer. Guess those are good things. However, I am questioning whether I should file retaliation complaints for the past 4 months of allegations against my good name and professional reputation; for the unremarkable 2012 performance report which was far less in acknowledgement of my professional abilities and contributions to the company compared to the past two years before the initial EEOC complaint; and since my work is excessively scrutinized and delayed thereby hindering my weekly production (which has not been an issue before). Do I need a layer now or should I wait to see of the EEOC will take up my case or a Right to Sue is issued? Do I file charges of retaliation as a means of preventing or precluding further erosions of my status as the employer attempts to paint a picture of me as an undesirable and ineffective employee as they slowly edge me towards the exit? Thank you

Thank you for the information and your question. If you want to preserve the retaliation issue for possible litigation, then you should add this to your current complaint pending with the EEOC. That may encourage the investigator to move your case up if they can. These cases typically can take some time to resolve. As for whether you should hire an attorney and perhaps consider filing suit without waiting for the EEOC to decide what they are going to do with the case, that is up to you. That decision hinges on whether or not you think you can hang in there until the EEOC acts and also whether you have the money to enter into litigation. These cases in litigation can be expensive and can take some time to resolve.

What I might recommend is that you sit down with a local employment law attorney and discuss all the details of your case, the employer's actions and company policies and practices, in addition to what happened at mediation, to see whether they think it would serve you better to wait or go ahead an ask the EEOC to issue your "right to sue" letter now and file suit. Then, after consulting with your attorney and knowing what it will cost you to file suit,etc., you can make a decision.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD and 2 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

I do want to preserve my retaliation concerns and will alert the EEOC soon. I am also in a position to wait out the EEOC investigation despite many of the witnesses having been fired, or resigned having taken other jobs. I do have names and contact numbers of witnesses so when and if the time comes for depositions, and despite what the employer has been led to believe by those who committed the discriminations, I am confident that 99% of the witnesses and those that blatantly committed the discrimination will reveal the truth when deposed and the employer will have no choice but to resolve the complaint out of court prior to a summary judgment. I am convinced after 5 years of trying that the employer will never hire me for a leadership role; and I will have 6 years until I would like to retire so the employer would be better off committing to a financial separation agreement now. Who do you recommend as the best lawyer for depositions? That is all it would take to end this charade.

Hello again and thank you for your reply. We would not be allowed to give any specific referrals or recommendations of counsel. However, if you contact your County Bar Association (if there is one), they can give you a specific referral for an employment law firm and that represents employees in discrimination cases.
Customer: replied 4 years ago.

I have checked for legal counsel and so many have some relationship with either the RHBA(the state contractor), the County, the State or my employer as their client at some time. I will keep trying. have you ever handled an EEOC for an employee before?

That is why it is important with you speak to the lawyer referral service that you specifically state that you need an employment law firm that represents employees. They will have a list of who are plaintiffs firms and who are defendants firms.

Yes, I have represented employees before. I was also, at one time, counsel for a corporation, so I have worked both sides of these issues (at different times.)
Customer: replied 4 years ago.

Thank you for your time.

You're welcome and best of luck to you!