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Tomorrow is my last day to file my discrimination lawsuit.

Tomorrow is my last...

Tomorrow is my last day to file my discrimination lawsuit. Can i file this myself in NC?

Lawyer's Assistant: Was this discrimination issue discussed with a manager or HR? Or with a lawyer?

Filed with EEOC, recieved a right to sue letter. racial discrimination.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will. Hourly

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

Basic violation is uneducated, inexperienced white employees are paid considerably more than educated, experienced black employees

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Answered in 8 minutes by:
3/26/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,121
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

You can, but it is not as simple as filing a small claims case. The clerk of the court can be as helpful or as unhelpful as they wish to be, because if you're filing in Federal court, they only generally accept that you are allowed to represent yourself.

They still demand compliance with their rules of procedure for filing a complaint. If you are going to file, you need to do a search for a sample Complaint in employment law, based on Title VII race discrimination, in your specific jurisdiction.

Here is the District Court sample that you should generally use:

http://www.ncwd.uscourts.gov/sites/default/files/forms/EEOC_Cmp_May2013.pdf

Depending on the judge, they will work with you some, in terms of corrections to the filing and explaining what they expect you to do during the process (how to file things, when to file things, etc.)

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 26 days ago
My intent is to initially file, so i don't go past my deadline date per EEOC. I plan on hiring an attorney. Can that happen after the initial filing

It can, but you have to be careful. The initial filing needs to at least state a claim upon which relief can be granted or it can be dismissed with prejudice and you don't preserve the time frame to sue.

You just need to file something sort of accurate, so that the court sees there is something there but can complain about the format, requiring an amended claim.

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Customer reply replied 26 days ago
I started working with an attorney in January that left me hanging. I've recently reached out to other lawyers. while most seem to believe the case has merit, most wouldn't move in such a short time frame. Any suggestions?

Only to file, to give yourself more time to get an attorney.

Plenty of people file by themselves, so I'm not telling you it is impossible at all. You can certainly develop something close to correct, if not actually correct, tonight and tomorrow morning. You just have to at least try to mimic the format and get the important points in.

Who are you suing? Where are they? Who are you to them? When did things happen at work? What are you alleging? When did you get your EEOC complaint letter? (attach it) What jurisdiction applies? (A location you both are in) What action are you seeking?

Then, you'll have more time to find local counsel or to work on the corrections requested by the court. Either way, it buys you some time.

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For finding an attorney, I'd called the state bar association and ask for plaintiff's employment law attorneys and then review them on www.martindale.com

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Customer reply replied 26 days ago
A local church daycare where my wife worked, consistently paid uneducated, inexperienced white employees, considerably more than they paid educated experienced black employees. We're in Winston Salem(Forsyth Co.) NC. My wife was fired once she raised the question. The EEOC stated that because it was a religious institution the complaint was outside of it's scope.
Customer reply replied 26 days ago
She's seeking compensatory damages

Understood. The EEOC doesn't actually sue most employers anyway. They rarely take on cases themselves, and the religious aspect here would certainly have scared them off.

That being said, being a religious institution doesn't negate Title VII. They can discriminate based on faith, as sharing faith can be considered a bona fide occupational requirement, but that has never been extended to race.

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Customer reply replied 26 days ago
I'll take a stab at filing. Thank you for your help.

Good luck going forward and take care.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,121
Experience: Employment/Labor Law Litigation
Verified
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Satisfied Customers: 20,121
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