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I am not happy with how the EEOC handled my complaint. It…

Customer Question
I am not happy...

I am not happy with how the EEOC handled my complaint.

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

It was one of the people that work in the EEOC office.

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

I worked as a teacher in a school district.

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

I filed a complaint based discrimination and my disability.

Submitted: 2 months ago.Category: Employment Law
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Answered in 2 minutes by:
5/2/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
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.

You can always appeal the EEOC determination, but that tends to be a waste of time.

Just take your right to sue letter, find a local attorney, and file a federal lawsuit against the employer. You don't have to have the EEOC be in agreement with you in order to sue. I've seen plenty of attorneys take claims to the federal court even though the EEOC did not find cause.

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 2 months ago
What if it's pass the deadline to sue?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Then it is too late to sue.

I'm sorry that that is the situation, but EEOC lawsuits have a very short time frame. You must either file your federal lawsuit within the 90 day window following the EEOC resolution or you forever lose the ability to sue based on that allegation of discrimination.

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Customer reply replied 2 months ago
That's really not fair. I feel as though I was misinformed. Also, one of my coworkers file a complaint of discrimination of which a charge was files. I had a staff of evidence. The lady whom I spoke told me before I even left that charges would not be filed. In the interview, she was taking the side of my employer.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

The fact that one of your co-workers file a complaint doesn't really change the statute of limitations. Apparently, they filed on time.

The EEOC letter that you receive with their determination is very clear and indicates that you have 90 days to file.

You can try to file and ask that that time frame be tolled, and explain to the court how you were misinformed to see if the court will extend the time, but that is very rare.

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