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I understand that if one has wrongful termination claims

against a former employer, there...
I understand that if one has wrongful termination claims against a former employer, there are two options 1) sue in state court 2) file with EEOC (federal agency). What are the pros and cons of the two approaches? I live in NJ.
Thanks!
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5/3/2017
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,425
Experience: 30 years in Employment law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Filing with EEOC , there is a delay here while they investigate.If they do find in your favor they issue a right to sue letter.In most cases the employer offers to settle with such a letter rather than making you file suit.So here if you just go file suit then you get it heard faster but employer may or may not want to mediate along the way.Really most people file with EEOC to see if they get the right to sue letter and you know your case is a winner here.

More lawyers will take these contingent fee if you have a right to sue letter.

EEOC file here

https://www.eeoc.gov/employees/charge.cfm

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge.

I appreciate the chance to help you today and wish you the best.

If you can positive rate 5 stars it is much appreciated.

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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,425
Experience: 30 years in Employment law
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Customer reply replied 6 months ago
Thanks Ray. Couple of follow ups.
1) What if they investigate and they dont find in your favor? Can you still sue then? By approaching EEOC, do you risk losing the right to sue?
2) Will EEOC only handle discrimination cases? How about other violations (e.g. CEPA)
3) How thorough are their investigations and how long do they take? Is there a risk of the statute of limitation expiring while they investigate?
4) If you get a right to sue letter, can you sue in a state court or do you have to sue in federal court?
Thanks,

1. Yes you elect your remedy here.But honestly if EEOC will not find in your favor you may not be able to win a lawsuit either.It is a neutral third party looking at that happened and making a finding.A court is unlikely to rule in your favor if there is no proof or no evidence of discrimination.It is harder to find lawyers to take your case without an EEOC finding here.

2. Discrimination here only including ADA issues and race, sex, and age.

3. The statute of limitations does not run until they issue their letter in your favor.

4. Federal court here would be the proper forum with EEOC.

Thanks again and thanks for rating 5 stars.

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Customer reply replied 6 months ago
Thanks. So, if I understand correctly, EEOC will conduct a free investigation for you whereas if you skip EEOC, you can sue directly but you are paying attorney fees right away. Am I correct?
Are you aware of any agency in NJ which is equivalent to EEOC and will look into discrimination as well as CEPA violations?

Yes this is correct EEOC is free, if you skip you pay your lawyer right away.

Let m e clarify, you can report a CEPA violation in NJ with EEOC as well, this is within your protection and sue on that basis as well either outside EEOC in the courts or within EEOC process and then sue.

Rference to CEPA

http://www.workplacefairness.org/whistleblower-retaliation-claim-NJ

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