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I'm not sure yet how to phrase my question though the EEOC…

Customer Question
I'm not sure yet...

I'm not sure yet how to phrase my question though the EEOC has had my case 18 months and 25 days. They've only said they are waiting on the Director of this particular region to sign off on my charges which they (the EEOC) has already found to have merit but I suspect something else going on as they've given no substantive reason for the delay. Can an EEOC Case simply lapse due to non EEOC response?

Lawyer's Assistant: Was the EEOC case discussed with a manager or HR? Or with a lawyer?

A full investigation was done. There are serious behaviors that were uncovered in the charges against my employer.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I belong to a Union in an at will state but the charges concern unlawful treatment of me under ADA with possible felonies involved with much medical damage to me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will I be asked to pay a charge here and if so how much? My basic question is can an EEOC case lapse? And what is the time limit once the case is received by them?

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
3/15/2018
Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,008
Experience: Licensed attorney helping employers and employees.
Verified

Hello and welcome. I am working on your answer and will be right back!

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Employment Lawyer: Infolawyer, Lawyer replied 4 months ago

The eeoc case will not lapse. If there is substantial delay, I would follow up or have a lawyer follow up on status.

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Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call + Legal Discussion by Email + Legal Research on Case Law, Codes, etc.. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Employment Lawyer: Infolawyer, Lawyer replied 4 months ago
if you get an automatic phone call request, you can accept it and a phone based law expert will handle. if you prefer to proceed by chat with me, just reply to the chat. some customers choose both, but the choice is yours! ThanksIf you have a follow up, just reply and ask me!
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Customer reply replied 4 months ago
May I speak with you by phone now?
Employment Lawyer: Infolawyer, Lawyer replied 4 months ago

I am not set up for a call. If you requested a call, another expert can take over.

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Customer reply replied 4 months ago
How long is the call allowed for?
Customer reply replied 4 months ago
May I please be allowed a few more questions please?
Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,198
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I wanted to provide you some additional information about your pending EEOC charge. First, and as you may know, the EEOC charge is a required step prior to filing a lawsuit in court. When the EEOC does complete its investigation, one of two things will happen: (1) the EEOC will find cause or merit in the charge or claim, at which time it will offer to you and your employer the opportunity to try to resolve the issues; or (2) the EEOC will say it did not find sufficient information to support the charge but that that does not necessarily mean the charge is not valid, along with this type of response, you will be issued a Notice of Right to Sue. If under scenario (1) you or your employer do not want to try to resolve the dispute or resolution is not successful, you will also then get a Notice of Right to Sue. Finally, any time after 180-days since you filed your charge you can request a Notice of Right to Sue letter. If you get such a letter, please note you have just 90-days to file the appropriate lawsuit. If, as has been indicated here, the EEOC will be issuing a finding that your charge is supported, that letter is good to have should you end up suing and can impact how a lawsuit would proceed. I would continue to check the status, but at some point you may wish to consult with a local attorney to determine whether it is time to request the Right to Sue letter.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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