Perjury/EEOC Case

[NewYorkLady]

What is the name of your state? New York

Hi

I currently have a case with the EEOC for Religious Descrimination against my former employer. The company's rebuttal is full of false statements.

My questions are as follows:

1 - Does the EEOC place the people they interview under oath or penalty of perjury?
2 - If the case goes to court and they are found to be willfully lying, what is the penalty for the perjury and what type of crime is it considered? ie felony, misdeameanor etc.

Thanks!What is the name of your state?

 

[fairisfair]

what stage of the case is this. If it is merely the employer response stage, then there is no swearing in, it is merely a written response to the allegations

If they are found to be lying, then you will most likely win the case. I wouldn't count on any perjury convictions.

 

[NewYorkLady]

Hi fairisfair

Thank you for responding.

This is the early beginning stage. I sent in my complaint to the EEOC, they took the case and what I received is the company's response to the allegations.

Can you give me some more info and can you tell me about the other things I was wondering about?

 

[seniorjudge]

1 - Does the EEOC place the people they interview under oath or penalty of perjury?

A: No.



2 - If the case goes to court and they are found to be willfully lying, what is the penalty for the perjury and what type of crime is it considered? ie felony, misdeameanor etc.

A: That question is so general that no one will be able to answer it.

 

[fairisfair]

Hi fairisfair

Thank you for responding.

This is the early beginning stage. I sent in my complaint to the EEOC, they took the case and what I received is the company's response to the allegations.

Can you give me some more info and can you tell me about the other things I was wondering about?

What questions do you feel are still unanswered?



Hey Mark, I see you hanging around. jump in.

 

[NewYorkLady]

That question is so general that no one will be able to answer it.

Hi Seniorjudge, thanks for responding as well.

Isn't there a criminal penalty for perjury though? And even if it never comes to that, can you tell me what type of crime it is?

Thanks!

 

[mlane58]

Hi fairisfair

Thank you for responding.

This is the early beginning stage. I sent in my complaint to the EEOC, they took the case and what I received is the company's response to the allegations.

Can you give me some more info and can you tell me about the other things I was wondering about?

NewYorkLady, the EEOC didn't take your case, they have recieved your complaint and got a response from the employer in order to make a determination as to whether you have a valid complaint or not. It can be several weeks for a determination to be made and if the EEOC finds that your complaint doesn't have merit, then you will recieve a right to sue letter and will have 90 days upon reciept of that letter to file a civil suit against the employer.

 

[fairisfair]

http://criminal-law.freeadvice.com/white_collar_crimes/perjury.htm

 

[seniorjudge]

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Do a search on perjury.

For example:

§ 210.00 Perjury and related offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Oath" includes an affirmation and every other mode authorized by
law of attesting to the truth of that which is stated.
2. "Swear" means to state under oath.
3. "Testimony" means an oral statement made under oath in a proceeding
before any court, body, agency, public servant or other person
authorized by law to conduct such proceeding and to administer the oath
or cause it to be administered.
4. "Oath required by law." An affidavit, deposition or other
subscribed written instrument is one for which an "oath is required by
law" when, absent an oath or swearing thereto, it does not or would not,
according to statute or appropriate regulatory provisions, have legal
efficacy in a court of law or before any public or governmental body,
agency or public servant to whom it is or might be submitted.
5. "Swear falsely." A person "swears falsely" when he intentionally
makes a false statement which he does not believe to be true (a) while
giving testimony, or (b) under oath in a subscribed written instrument.
A false swearing in a subscribed written instrument shall not be deemed
complete until the instrument is delivered by its subscriber, or by
someone acting in his behalf, to another person with intent that it be
uttered or published as true.
6. "Attesting officer" means any notary public or other person
authorized by law to administer oaths in connection with affidavits,
depositions and other subscribed written instruments, and to certify
that the subscriber of such an instrument has appeared before him and
has sworn to the truth of the contents thereof.
7. "Jurat" means a clause wherein an attesting officer certifies,
among other matters, that the subscriber has appeared before him and
sworn to the truth of the contents thereof.

 

[NewYorkLady]

NewYorkLady, the EEOC didn't take your case, they have recieved your complaint and got a response from the employer in order to make a determination as to whether you have a valid complaint or not. It can be several weeks for a determination to be made and if the EEOC finds that your complaint doesn't have merit, then you will recieve a right to sue letter and will have 90 days upon reciept of that letter to file a civil suit against the employer

Ah, I see. I was unsure of that. Based on everything I've read so far, I sort of got the impression that if they did not dismiss it at the intake stage, then you might have a good chance.

So now, lets say they decide the case has merit, what would the next stage be, if you can answer that.

Also, I realize that it will be hard to prove they are lying since they have banded together to do it; In their statement, they claimed that i had been spoken to by Human Resources about an issue when in fact that never happened and I pointed it out in my rebuttal to them and I challenged the company as to who supposedly spoke to me and what was said. Since they can't answer that question (unless they lie AGAIN), I was hoping it would poke holes in their credibility.

I appreciate your input on this.

 

[mitousmom]

Your really need to ask EEOC the questions about how it will process your charge and the cirucmstances under which it takes statements from witnesses.

EEOC can require a witness to prepare and sign an affidavit in which the witness affirms under the penalty of perjury that the statement given is true and correct. That usually is done when EEOC decides to conduct a full investigation of your charge. However, as noted by one of the other poster, it appears that your employer has basically sent in its Position Statement or Rebuttal responding to your charge of discrimination. It is unlikely that it contains any witness statements.

EEOC provides information on the possible processing of charges on its website at http://www.eeoc.gov/charge/overview_charge_processing.html.