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Name Tamera. Aug. 2017 I file a discrimination complaint…

Hello name Tamera. Aug...

Hello name Tamera. Aug. 2017 I file a discrimination complaint with EEOC about my former employer. Nov.2017 I recieve dismissal notice right-to-sue letter only having 90 days to file a lawsuit. Jan. 2018 I requested the respondent position statement I recieve an email on Feb. 08, 2018 from EEOC stated they 20 days to determent my request. Mar. 01, 2018 I recieve an email stated there's no position statement and now my time expired Feb. 27, 2018. EEOC website state that the charging party has the right to see the respondent statement. How can I get a copy of the statement even thought my time has espired I try getting legal advice in my area no attorney will assist me.

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

A lawyer

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

At will employee

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Customer reply replied 4 months ago
Here are supporting documents. The EEOC will not give me a copy. No local attorney will assist me everyone is giving the run around.
Answered in 10 hours by:
3/22/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,406
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Hello Tamera: The e-mail that you received states that there is no Position Statement. So, EEOC is not refusing to give you a copy. It is just that the respondent did not file one. If that is the case, then I am wondering how EEOC made a decision that you did not have probable cause for discrimination when the respondent did not even file a position statement.

Since EEOC's delay in responding to your request caused you to miss the critical deadline, you need to contact the agency to see if you can be given additional time to file your lawsuit. Call Ms. Armstead at the number she gave in the e-mail to see if you can be given additional 30 days to file your lawsuit. If the agency does grant you additional time, you can file the lawsuit yourself using the forms provided on the Court's website for people who do not have Attorneys. Unfortunately, most employees are in your situation: being forced to represent themselves because no Attorney would take their case or they cannot afford an Attorney.

If you give me the U.S. District Court that you would be filing the lawsuit at, I will try to find and provide you the link to the pro se forms. First thing first, you need to call EEOC to see if you can be given an extension. You would need the extension in order to file the lawsuit at the U.S. District Court in your District.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 4 months ago
Hello, how do I contact you?

You can contact me by posting on this thread.

I do not participate in the phone call program. Hence, the rejection of your offer. However, another Attorney who participates in the program may accept your offer.

Thank you for your understanding

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Customer reply replied 4 months ago
If they don't give me an extension. What do I do next?

Unfortunately, your case is over at that point. There is nothing else you can do if the time has run out on your claim.

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Customer reply replied 4 months ago
The investigator told me what was on the position statement I told her it was not true. My employer terminated me for being a psychic reader and that is my religion. Can I get a lawyer without dealing with the EEOC.

Unfortunately, it does not work that way. You must go through EEOC and obtain the right to sue letter in order to file lawsuit in Court for religious discrimination. The lawsuit must be filed within the 90-day deadline or you are forever barred from bringing the lawsuit against the employer.

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Also if the investigator told you what is on the Position Statement, why would Ms. Armstead tell you there is no Position Statement? It seems you have to call EEOC to resolve the discrepancy in the information that you have been provided by the agency. If there is a Position Statement, you are entitled to it by law upon your request.

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Customer reply replied 4 months ago
That's what I been telling every lawyer I talk to they won't listen or they tell me there's nothing they can do.

Contact the agency and find out what is going on and also request for extension. Without the extension, your case is over, regrettably, but I have to be blunt.

Best wishes,

A positive rating is appreciated so that I can receive credit for my posts.

Thank you for your cooperation.

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Customer reply replied 4 months ago
Thank you so much you have been the most help you deserve 10��.

You are quite Welcome!

Kindly use the popup screen to give the rating.

Thanks again and have a wonderful day!

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,406
Experience: B.A.; M.B.A.; J.D.
Verified
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