can you still file a lawsuit?

[polkey]

What is the name of your state? california

I filed a sexual harrassment complaint and I was laid off shortly afterwards. My right-to-sue letters from EEOC and DFEh have both expired. I could not find a lawyer who wanted to take the case.

Could I still file a lawsuit and under what laws?

 

[cbg]

If your right to sue letters have expired, so has your window of opportunity to file a lawsuit. Your opportunity to do so is permanently closed.

 

[mitousmom]

The federal filing period is subject to waiver, equitable tolling and estoppel, which mean that under certain circumstances the federal court will allow you to proceed with a lawsuit even if the filing period has expired.

However, not being able to find a lawyer is not one of the circumstances that the court will consider. First, there is no requirement that you have an attorney to file suit - although it is highly recommended. Second, you can ask the court to appoint a lawyer, an option available in limited circumstances as defined by the court.

The inability to find a lawyer who will take your case, even on retainer, suggests that your matter is not worth litigating. Given that and the fact that filing period has expired, I think you should move on.