when do i need a lawyer in eeo

You have only 90 days after the EEOC issues a right-to-sue letter to file your lawsuit, so you’ll need to be prepared to move quickly. If you're facing retaliation for complaining about harassment or discrimination, particularly if you were fired or threatened with termination, you should talk to an experienced employment lawyer right away.

Full Answer

Should I go to the EEOC or hire an attorney?

If you are considering hiring an attorney for job discrimination, you should know that many of the civil rights laws require you to go to the EEOC first, before you file a federal lawsuit.

Should I hire a lawyer for job discrimination?

Your job discrimination attorney may also be able to negotiate with your employer to resolve your case quietly, without going to court at all. It is generally a good idea to talk to an attorney for job discrimination before filing a claim with the EEOC.

Are there any laws that are different from the EEOC?

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC.

What happens if the EEOC does not respond to a complaint?

The EEOC may also opt not to pursue your complaint and issue a "Notice of Right to Sue." If that happens you need to talk to an attorney for job discrimination right away to make sure you file your federal lawsuit within the legal time limits.

What does an attorney do for an EEOC?

An attorney can evaluate the strength of your case, explain the implications of any settlement offers, and provide valuable advice on how you should proceed. Overall, it is up to each individual employee to decide whether to hire an attorney to assist in the EEOC process.

How long does it take for an EEOC to investigate an employee?

The EEOC usually must complete its investigation 180 days after an employee files ...

What does the EEOC do?

The EEOC investigates complaints made by employees against employers. It does not punish employers or award money to employees. The EEOC only investigates the facts of employees' complaints to see if there is any truth to them.

What is conciliation in employment law?

Like mediation, conciliation is a voluntary process by which both parties seek a mutually agreeable outcome with the help of a neutral third party. Regardless of whether the EEOC finds that discrimination occurred, it will give the employee a "right to sue" letter, which grants the employee permission to sue the employer in court.

How long does it take to file a complaint with the EEOC?

After discrimination occurs, employees have 180 days to file a complaint with the EEOC. In some states, the deadline is 300 days.

What happens after the EEOC receives a complaint?

After the EEOC receives an employee's discrimination complaint, the agency then contacts the employer to get its side of the story. The EEOC gathers relevant information from the employer and a Position Statement, which is a statement written by the employer (or the employer’s attorney) responding to the employee’s charge.

What is the process called when the EEOC finds reasonable cause to believe that discrimination has occurred?

If the EEOC finds reasonable cause to believe that discrimination has occurred, the agency will issue a Letter of Determination to both parties explaining the agency’s findings and inviting both parties to participate in a process called conciliation.

How long does it take to get a right to sue letter from the EEOC?

Although the EEOC tries to investigate claims within 180 days , the process often takes much longer due to budget constraints. To speed things up, you can request an immediate right-to-sue letter so that you can file a lawsuit in court. You can go through this entire process without a lawyer, if you wish.

How to file a lawsuit against your employer for harassment?

If you want to file a lawsuit against your employer for harassment, you have to file a charge with the EEOC or a state agency first. To file a charge, you must tell the EEOC or state agency some basic facts, including your name, the name of your employer, what happened, the dates of each incident, and so on.

How long do you have to file a harassment lawsuit?

Once you receive a right-to-sue letter from the EEOC, for instance, you have only 90 days to file a lawsuit in federal court.

What happens if the agency doesn't settle your claim?

If the agency doesn't succeed in resolving your claims, it will almost certainly issue you a "right-to-sue" letter, stating that you have met the requirement of filing a charge and may file a lawsuit against your employer.

Can an employment lawyer help you file a lawsuit?

However, an experienced employment lawyer can offer you a lot of help and advice throughout the process, which can be crucial if you later decide to file a lawsuit. For example, your official EEOC charge, your company's investigation, the EEOC's investigation, and more could all be used as evidence in court.

2 attorney answers

Someone to look out for your legal interests, not that of the company's, is always a good idea - and the company may cover the costs.

Peter Anthony Jabaly

You should certainly consider hiring an attorney. There is a good chance that your issues can be handled by the company's attorney, but there is no guarantee that your interests will align the entire time. See if the company is willing to "indemnify" you. If they are not, seek the consultation of an employment attorney.

What is MKO law?

MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO’s employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation.

Can you use MKO without your own counsel?

MKO Employment Law says, “ No, we would never recommend it. (1) First, without your own counsel, you are showing up to a gun fight with a knife. You do not present any real threat to the employer, and they will likely railroad you.

How long does it take to process an EEO complaint?

After making initial EEO contact, you enter what is known as the informal processing stage of the complaint. This stage continues for 30 days or 90 days, depending on whether you elect the Counseling or ADR/mediation route, respectively.

What happens if you pursue action against your federal agency?

If you choose to pursue action against your federal agency, the agency will investigate the dispute and the EEOC may determine whether any discrimination, harassment, or retaliation occurred. Each federal agency has its own EEO Counselor assigned.

What is EEOC mediation?

An EEOC mediation is a legal proceeding that requires legal expertise. You should have proper legal representation, such as an employment discrimination attorney, with you during the proceeding. You risk signing a binding agreement that does not provide you with all the compensation you deserve. You need an experienced EEOC representation attorney to help ensure you receive the justice you so rightly deserve.

Can you go to court without an attorney?

You should never enter a legal proceeding without an attorney. There is too much risk that you can lose your rights. If you are the victim of employment discrimination and facing EEOC mediation, the experienced EEOC representation attorneys at the Derek Smith Law Group can help.

When was the bar exam bill amended?

On December 28, 2001, Congress amended Title 5 of the U.S. Code (Government Organization and Employees) to give federal agencies discretion to pay the fees for bar exams and court admissions. The new Code section, entitled "payment of expenses to obtain professional credentials," states:

What are the standards of ethical conduct?

Standards of Ethical Conduct replaced many individual agency ethical conduct standards with uniform standards, while giving individual agencies authority to issue supplemental regulations where necessary. Standards of Ethical Conduct is based on Principles of Ethical Conduct for Government Officers and Employees contained in Executive Order 12674 (April 12, 1989), as modified by Executive Order 12731 (Oct. 17, 1990).

Does the EEOC pay for attorney fees?

Ordinarily EEOC attorneys are responsible for the expenses of obtaining the professional credentials required to perform their official duties. Where special circumstances exist, EEOC will consider paying some or all of the expenses necessary for an attorney to obtain admission to a bar. One situation where EEOC might pay such expenses is where an already licensed attorney agrees to seek admission to an additional state bar because the EEOC needs a licensed attorney in that jurisdiction.

What is the age discrimination in employment?

The Age Discrimination in Employment Act (ADEA) forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, and any other term or condition of employment.

What is age discrimination?

Age discrimination claims, which involve treating an applicant or employee who is over 40 less favorably because of his or her age, have risen dramatically in the past few years as baby boomers have chosen to work for longer than the generation before them. The Age Discrimination in Employment Act (ADEA) forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, and any other term or condition of employment. It is also unlawful to harass or create a hostile work environment for a person because of his or her age, or to retaliate an employee for opposing or complaining about age discrimination.

What is the Equal Pay Act?

The Equal Pay Act (EPA) requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Actual job content (not job titles, position descriptions, or grade) determines whether jobs are substantially equal.

Is it illegal to harass someone for their sexual orientation?

Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s gender or potentially their sexual orientation. It is also unlawful to harass a person because of that person’s sex, even if the harassment is not of a sexual nature.

Is it illegal to have an employee speak English?

Additionally, it can be illegal for an employer to require an employee to speak fluent English if fluency in English is not necessary to perform the job effectively.

Is it illegal to retaliate against an employee?

It is illegal for an agency to retaliate (or reprise) against an employee for opposing or complaining about unlawful discrimination or government waste, fraud, and abuse under any of the anti-discrimination statutes such as Title VII, the Rehabilitation Act, or the Whistleblower Protection Act. While most people are aware that it is illegal for their employers to retaliate against an employee who engaged in EEO activity, it is also illegal to retaliate against an employee who requested a reasonable accommodation (an activity protected by the Rehabilitation Act) or who reported sexual harassment to management (an activity protected by Title VII’s “opposition clause”).