With several state and federal organizations involved in regulating workplaces and various laws controlling various sorts of disputes, employment law may be exceptionally complex. If you believe you have been the victim of workplace discrimination, a knowledgeable discrimination lawyer, such as those at PLBH, can help you navigate the claims process and help you reach a settlement or file a lawsuit.
The Right to Sue Letter, one of the key records in a federal discrimination complaint, will be explained in this article. If you have questions or are ready to request a consultation, contact us at (800) 435-7542.
Claim submission to the EEOC
A federal legislation prohibiting discrimination against employees based on certain traits includes the Civil Rights Act of 1964 and the Americans with Disabilities Act. These include national origin, gender, race, and religion. Discrimination occurs when an employer treats a worker unfairly due to one or more of these qualities. Examples include dismissing, demoting, refusing to hire, withholding a raise or a promotion.
Before an employee may sue their company in the majority of discrimination situations, the employee must first make a complaint to the Equal Employment Opportunity Commission (EEOC). This is the government organization in charge of upholding anti-discrimination legislation in the workplace. Similar agencies and legislation about making a complaint to the agency before launching a lawsuit are found in several states.
The EEOC looks into the issue independently
The EEOC will look into the issue after receiving a complaint. This can entail speaking with witnesses, going to the scene, or seeking further details. The EEOC frequently makes an effort to arrange for mediation between the parties. The EEOC may sue the employer on behalf of the employee in certain (rare) circumstances. More likely, the EEOC will often issue a Letter of Determination or a Dismissal and Notice of Rights.
A Dismissal and Notice of Rights indicates that, at least in the investigator’s judgment, the EEOC did not find any proof of unlawful discrimination. A lawsuit against the employer may still be brought by the employee. After receiving this letter, you have 90 days to launch a lawsuit.
A Letter of Determination can help build a strong case
According to a Letter of Determination, the EEOC thinks that discrimination may have taken place. The EEOC will send this letter to both the employer and the employee. The EEOC will collaborate with the parties to try to resolve the dispute out of court. In the event that they are unable to, the EEOC will provide a “Right to Sue” letter, enabling the employee to proceed to the next stage and file a complaint in federal court.
Most frequently, complaints made by California employees who first file with the EEOC are sent to the DFEH. State complaints of discrimination, harassment, and retaliation are handled by the DFEH. The DFEH can also decide whether or not there has been criminal behavior. The DFEH does, however, frequently issue a Right to Sue Letter.
One year after the last instance of illegal behavior, employees who have experienced discrimination, harassment, or retaliation may file a complaint with the DFEH. The DFEH allows the claimant one year from the date of the letter to launch a case, in contrast to the EEOC’s constrained window of time.
What do I do if I get a letter with a right to sue?
There is now a stringent deadline if you have received a right to sue letter: you have just 90 days to initiate a case. You risk having your case dismissed and losing the chance to file a discrimination lawsuit against your company if you miss this deadline.
After getting a Right to Sue letter, the first thing you should do is get in touch with your lawyer. If you haven’t already engaged a lawyer, get in touch with a knowledgeable discrimination employee right away. Before starting a lawsuit, a lawyer requires time to build their case. You should provide your lawyer a copy of your letter granting you the right to sue as soon as possible.
Call PLBH at (800) 435-7542 or email info@plblaw.com if you have received a Letter of Determination, a Right to Sue letter, or a Dismissal and Notice of Rights from the EEOC. Our attorneys can work with you to ensure that your case is filed promptly and has the highest chance of success since they are well-versed in employment discrimination laws.