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I Just Received a Right to sue From the EEOC. What Should I do?

Employment laws can be complex and confusing. The process can become overwhelming when an employee has suffered discrimination at work because of his race, national origin, gender, religion, or other personal trait. Employers who commit discrimination of this sort have broken the law, and employees have a right to protect themselves. The New York employment discrimination attorneys at Phillips & Associates know that seeking legal relief for improper conduct by employers is confusing and stressful. No matter where you are in this process, from the day after the discrimination occurred to just before filing suit, we can take charge of your case.

Understand Discrimination and the EEOC Process

Under federal laws including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, it is illegal for an employer to discriminate against an employee – that is, to take any adverse action, such as firing, refusing to hire, or withholding a pay raise – based on certain protected characteristics, such as gender, race, religion, disability, or national origin.

In most cases, before an employee can file a lawsuit against his employer for discrimination, he must file a complaint with the federal agency in charge of enforcing federal employment discrimination laws, the Equal Employment Opportunity Commission (EEOC). Once a complaint is filed with the EEOC, the agency will investigate the claim and usually at least attempt to schedule a mediation. The EEOC investigator may also conduct witness interviews, request more information, or even visit your workplace.

On rare occasions, the EEOC might decide to file a lawsuit on the employee’s behalf against the employer once the investigation is completed. Most times, the EEOC will choose not to file a lawsuit and instead will issue either a Dismissal and Notice of Rights or a Letter of Determination. A Dismissal and Notice of Rights indicates that the EEOC’s investigation did not unearth anything that, in the investigator’s opinion, constituted unlawful discrimination. However, the employee is free to file a lawsuit in federal court if he wants to.

If the EEOC has determined that discrimination may have occurred, it will send a Letter of Determination to both parties and attempt to have the parties to settle out of court. If the parties cannot agree on a settlement, the EEOC sends the employee a Right to Sue, which clears the path for a lawsuit in federal court. If you have received a Right to Sue, keep it, as it will be an important part of your subsequent lawsuit.

With an Attorney’s Help, File your Lawsuit within 90 Days

If you have received a Right to Sue letter, it means that the EEOC has determined that there are grounds for a discrimination claim. But even if you have received a Dismissal and Notice of Rights, you still may be able to file a successful lawsuit. In either case, you have only 90 days from the day you received the letter to file a lawsuit. It is extremely important that you meet this deadline. Otherwise your case can be thrown out of court, and you may lose the ability to protect your rights.

As soon as you receive your Right to Sue, contact your attorney. If you do not have one, contact an experienced discrimination attorney as soon as you can. The more time your attorney has to prepare your case, the more he or she can help you – your time to file a lawsuit is also extremely limited.

Hire an Experienced Attorney

If you have received a Right to Sue, a Letter of Determination, or a Dismissal and Notice of Rights from the EEOC, contact an experienced New York EEOC representation lawyer right away. With a limited amount of time to act, it will benefit you to have a knowledgeable attorney fighting for your rights. Phillips & Associates has helped many New Yorkers with workplace discrimination issues and can help you. Call (212) 248-7431 or contact us online to speak with an experienced lawyer.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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