one big mess

[usernamehere]

hello i live in illinois and really need help. i was wrongfully terminated back in aug. 07 and have had the EEOC/IDHR "working" on my case shortly after that. i have had a number of issuse with how they were working the case and on 08/24/09 i received a letter from the EEOC/IDHR stating they are short handed and just dont have the manpower to continue working on the case. they also stated that they only average ten hours of time per case. they also included a "right to sue". but as i said this has been in their hands for the past two years. so i guess what i need to know is how can i proceed in this matter and also can i file a case against the EEOC/IDHR. if so what type of lawyer would i need to contact.

 

[pattytx]

You cannot sue the EEOC because they didn't take your case or don't have time to do any more on it; they take very few cases anyway. You have a right to sue letter and you have a limited time to pursue your case civilly, so you need to see an employment attorney ASAP.

 

[usernamehere]

You cannot sue the EEOC because they didn't take your case or don't have time to do any more on it; they take very few cases anyway. You have a right to sue letter and you have a limited time to pursue your case civilly, so you need to see an employment attorney ASAP.

why is the EEOC/IDHR safe from a suite. they took the case had me belive they were going to take care of the case for "as long as it takes" to quote them then drop me two years after we started. that kind of puts me out of any legal times to sue right ?

 

[mlane58]

You have 90 days from the the time you recieve the right to sue letter from the EEOC to file a civil lawsuit against your ex-employer.

 

[usernamehere]

You have 90 days from the the time you recieve the right to sue letter from the EEOC to file a civil lawsuit against your ex-employer.

thank you for the reply but what can i do if that company closed and filed bankruptcy. also does anyone know who i could speak with about any legal matters against the EEOC/IDHR

 

[mlane58]

There aren't any legal matters against the EEOC. As Patty stated

You cannot sue the EEOC because they didn't take your case or don't have time to do any more on it; they take very few cases anyway.

You don't have a case to sue. Time to move on.

 

[usernamehere]

There aren't any legal matters against the EEOC. As Patty stated
You don't have a case to sue. Time to move on.

im sure its easy for someone looking in on this matter to say " time to move on" but ive been out of work and suffering from depression for the last two years of my life. so please understand that im not just dwelling on the past or anything like that. i did everything i was asked to do by the EEOC/IDHR, and they told me they would work on this case for as long as it would take. i gave them all the information they needed to follow up even an advanced notice that the company was going to clam bankruptcy, and nothing was done. they lost my file for over a year and didnt notify me. i had to contact them over and over untill my case was handed over to another case worker who had to get the information again. in which my loss of memory didnt help. i would like to think that there is some kind of law that prevents a state/government agency from doing that to anybody

 

[pattytx]

The EEOC takes VERY few cases. Generally speaking, only those that affect a lot of workers or will test a law or concept that hasn't been tested before. They just don't have the staff.
EEOC Struggles With Huge Workload, Diminished Staff

The EEOC currently litigates less than 1% of the complaints filed. They aren't picking on you.

 

[ecmst12]

If the company is bankrupt, then you won't get anything from a lawsuit. You can't sue the EEOC because they have not wronged you - they followed their procedure just as they do for everyone else. They are not obligated to take any individual case, and the VAST, vast majority of people who file complaints only get a right-to-sue letter. And it usually takes them 1-2 years to get it out.

 

[usernamehere]

The EEOC takes VERY few cases. Generally speaking, only those that affect a lot of workers or will test a law or concept that hasn't been tested before. They just don't have the staff.
EEOC Struggles With Huge Workload, Diminished Staff

The EEOC currently litigates less than 1% of the complaints filed. They aren't picking on you.

patty thank you again for responding. its not that i fell like im being picked on. its more or less that they told me one thing two years ago and now want to tell me they only had ten hours to work on this case. im sure at some point in the 17,472 hours they have had the case they could have seen they were past the 10 hours they were going to allow.

 

[Zigner]

So...if the EEOC HAD sued or taken other action on your behalf - what makes you think you would have received anything? Your former employer is BANKRUPT. Gone, kaput, washed down the gutter...etc etc etc.

Yes, it is time for you to move on.

 

[usernamehere]

So...if the EEOC HAD sued or taken other action on your behalf - what makes you think you would have received anything? Your former employer is BANKRUPT. Gone, kaput, washed down the gutter...etc etc etc.

Yes, it is time for you to move on.

wow if your going to be rude just dont reply. after you learn to read go ahead and read the post again. it says FILED for bankruptcy. they have a few other legal matters that ive been told have held up the bankruptcy, also as i said this case is two years old now the EEOC/IDHR were told about the bankruptcy well before it was filed.

 

[cbg]

Here is the bottom line:

You cannot sue the EEOC. They were not obligated to do anything more than they've already done.

You have 90 days from the issuance of the right to sue letter to file suit. So instead of wasting your time on a message board, your time would be better spent trying to find a lawyer to file suit for you. If you miss the 90 day window, you are forever barred from taking any action.

We cannot refer you to any attorneys and no attorney reading this is going to contact you. The rules of the board prohibit referrals and reputable attorneys do not troll message boards looking for clients. So pick up the phone and start dialing.

 

[pattytx]

It doesn't matter. If they are still in business, they can be sued. But you have, again, a very limited time in which to find an attorney who will take the case. Plus, the fact that they are in bankruptcy proceedings at the moment means you most likely 1) are not going to find an attorney who would take the case on contingency because, and therefore, 2) it's VERY unlikely you would get ANY money out of them.

Be realistic.

 

[Zigner]

wow if your going to be rude just dont reply. after you learn to read go ahead and read the post again. it says FILED for bankruptcy. they have a few other legal matters that ive been told have held up the bankruptcy, also as i said this case is two years old now the EEOC/IDHR were told about the bankruptcy well before it was filed.

NO, you said they CLOSED and filed bankruptcy.

As you've been told, get to work finding that attorney.