What to do if an employee files a claim with the EEOC?
If one of your employees has filed a claim with the EEOC, give the experienced attorneys at SeiferFlatow a call at 704-512-0606 as soon as possible to set up a consultation.
Is it true that employers fail to stay in touch with the EEOC?
Many employers and their attorneys fail to stay in touch with the EEOC while an investigation is taking place. Yes, it is true that the Commission is the guilty party at least as often as the employer.
When to opt out of the EEOC process?
When You Can Opt Out of EEOC Involvement Just because your case starts with an EEOC complaint doesn’t mean it has to end there. You have the option to quit the administrative process and file your own private lawsuit if: The agency has not responded with a decision after 180 days and no appeal has been filed
Is there Statute of limitations on EEOC charges?
But it is generally not smart, even if legitimate, where an EEOC charge is concerned. Employers should realize that once an employee files a charge, the statute of limitations on the federal antidiscrimination claims stops running until the EEOC disposes of the case.
When to file a right to sue with the EEOC?
The employee may also request a right to sue letter after the case has been pending with the EEOC for 180 days (60 days for age discrimination claims). After a right-to-sue letter has been issued, the employer or counsel should monitor court dockets to see whether a claim is filed within the 90 day time period.
Do you need an attorney to file an EEOC complaint?
The EEOC investigators may say there is no need to talk to an attorney for job discrimination before starting this process. But that could cause you to miss out on some important options for your employment discrimination or harassment claims. You don’t need to hire a lawyer before filing an EEOC complaint.
When You Can Opt Out of EEOC Involvement Just because your case starts with an EEOC complaint doesn’t mean it has to end there. You have the option to quit the administrative process and file your own private lawsuit if: The agency has not responded with a decision after 180 days and no appeal has been filed
Can a terminated employee file an EEOC charge?
Finally, while the majority of EEOC charges are filed by terminated employees, they are occasionally filed by employees who are still working for the company.