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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118774
Experience:  20+ Years of Employment Law Experience
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EEOC/DOL, What is a NTRS from the DOLHR? ....Letter to sue

Customer Question

EEOC/DOL, What is a NTRS from the DOLHR? ....Letter to sue with or without merited cause. I filed a claim with the EEOC/DOL. The respondent sent me a response. I responded to the responde's responces. Without investigation the DOLHR offered a NTRS, saying
you have a letter to sue. Im not yelling, heres the big question... HAVE I EXHAUSED MY ADMINISTATIVE REMEDIES OR NOT? The agency is offering a NTRS "a letter to sue" before any investigation. Or did the EEOC/DOLHR jump the gun and issue me a letter to sue
too early? Is a NTRS a letter of no causation? I know the respondent gets a summary judement AKA, my case is done, IF I DON'T EXHAUST MY ADMINISTATIVE REMEDIES FIRST. Does EXHAUST ADMINISTATIVE REMEDIES mean a FULL COMPLETE INVESTIGATION must be done by the
agency first? I'm aware I can pull a "letter to sue" online after filing my claim with the federal or state agenies. ....but isnt that a meritless letter to sue subjected to canceling my lawsuit by summary judgement? Defined exhaust adminisremidiees via the
EEOC/DOL agencies? What does NTRS mean, defined? What does these letters stand for? Have I exhausted my ADMINISTATIVE REMEDIES just by fulling with the agencies? Or does the agencies have to do a full investigate, conclude causation and merit to meet the courts
definition of exhausted ADMINISTATIVE REMEDIES so the respondent can NOT obtain a summery judgement to dismiss my lawsuit?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The letter is a right to sue letter and it is your proof your administrative remedies have been exhausted. When the DOL/EEOC issues a letter stating you can sue with or without merited cause, that means they could not make a determination on the case and as such are issuing no opinion. This is them telling you that they do not know if there is cause and your administrative rights are now exhausted.

EEOC did not jump the gun, many times they do not have enough evidence on either side of the issue to make a determination.

The NTRS letter is a Notice of Right to Sue. If they say they cannot determine merit, there are many reasons and they do not have to go further than they have already. The biggest reason is that based on your statement and the employer's statements they do not have enough evidence to determine your claims either way and it is going to be up to the court. The administrative remedies have been satisfied with you receiving that letter.

You are going to need to sue in court and present your actual evidence and witnesses in court to prove your case.

Customer: replied 2 years ago.
They did not finish procedures. Yhey have not done the investigation yet. The agent is new. How can I reverse this? I want to go throw the investigation process. How do I reverse what is new employee did? He jumped the gun.
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

You can send an appeal to the director of the EEOC and ask for it to be reopened. That is your only recourse other than go to court and sue pursuant to your letter. Quite honestly, you need to consider suing instead of making the EEOC reinvestigate, because little comes of their reinvestigation of these complaints.

Your only recourse other than suing though, if you want, you need to contact the EEOC main office in DC, and ask for them to reopen the investigation.

Customer: replied 2 years ago.
You have been so helpful,
Bless you ....thank you.
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you so much.