• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Retaliation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

yohoun

Junior Member
I was recently discharged for allegedly " excessive breaks"...I went on to file a complaint with the EEOC but found out I already have a case pending from July.....Im now under the impression that my firing may have been in regards to me filing a case with the EEOC in July ....now I dont have a case # or a investigators name ....all I know is when I called EEOC is they they say I already have a case pending ...I have been trying to contact the field office my EEOC case has been assigned to ...to find the status of my case ...therfore is it posible that by them investigating my original issue it may have caused me to be terminated if they contacted my employer ? ? ...plz advise because I have clearly not done anything to be terminated... ? Is there any course of legal action I can take and how do I get legal representation thats attractive to a Lawyer to fight a case I have no income except income won in Unemployment hearing recently ?
 


cbg

I'm a Northern Girl
I can guarantee you that if you have a pending claim your employer has been contacted; the EEOC will never make a determination without hearing the employer's side of the story. Tell the EEOC that you have been terminated and they will include that in your original claim. You cannot take any action until you have a right to sue letter from the EEOC.
 

yohoun

Junior Member
EEOC contact

Thank you in your consideration and quick response I am currently trying to contact the EEOC to know avail....as Ive sent emails to the Enforcement Officer as well as the head of the banch my case has been assigned to , Ive also called time after time and lmom ..6 months ....I am now enlisting the help of my Congressman simply to help to get somone to contact me back concerning a case # and whom the investigator is ....I am to meet with a local staff member tommorrow at my Congressmans office here ....my goal is getting " assitance " in getting the EEOC to at the least acknowledge whom the investigator is and a case number only concerning my original complaint ...hopefully " his " office can do better than I as they have more resourses than I do to perhaps contact me back ..If you have any advice on getting the EEOC to respond to an Investigation that has been pending since July 2016 please advise anyone ?.... The EEOC is over 400 miles away where my case is assigned....visiting there on a casual basis would be extremely expensive and unplaned trip might come to know avail a simple answear " its pending " might be what Im told when I arrive .....to far to travel and not know how they deal with a walk in I believe .... Alas when I spome with EEOC last week they said thwy placed a 72 hour complaint aganist the El - Paso office so I should get a call or letter ...that was over a week ago I heard nothing and still no mail....can u advise besiides contacring my Congressman to assit is there any other course of action I can take to get the fueld office to respond to my inquiry ?..
 

cbg

I'm a Northern Girl
If you are having that much trouble getting through to a case officer and if you have heard nothing at all from them since July, the possibility exists that you do not, in fact, have an open case with the EEOC and whoever told you, you did, was mistaken.

Particularly if you do not remember filing a claim. Perhaps someone with the same name as you?
 

EXHR

Junior Member
I can check my charge online by putting in the charge number and zipcode, it tells me the status, I would think you would remember filing a charge, does your state have its own agency
 

eerelations

Senior Member
I can check my charge online by putting in the charge number and zipcode, it tells me the status, I would think you would remember filing a charge, does your state have its own agency
On another board, OP has admitted to knowing all about his filing a claim in July, and what that claim is about.
 

cbg

I'm a Northern Girl
What's more, the information he has posted there that he has not posted here, suggests that he has no valid claim through the EEOC either time.
 

Dandy Don

Senior Member
Is your pending claim also against the current company you work for or is it against a different company?

In some cases it could turn out to be a mistake to wait on the EEOC to resolve a situation because it seems like sometimes they take forever to resolve a case, and from my experience they are primarily focused on cases involving racial discrimination. An employer is not allowed by law to retaliate so there will be penalties for this employer if it turns out that this is what they did, but it's a shame that the EEOC could not give you a quicker response about how apparent retaliation affects your case--do your own research and look up "retaliation for filing an EEOC case" online and see what you can find out that way.

You would be better off having a consultation with local employment law attorneys (contact various ones by postal mail, by email or by in person visits) in your area until you can find one willing to assist you. Excessive work breaks is a fairly simple matter that an attorney could easily help you resolve.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top