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Case Got picked up by the EEOC

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ThunderMan

Junior Member
What is the name of your state (only U.S. law)? Colorado

I was wrongfully discharged due to racial discrimination and I have filed a complaint with the EEOC. They have informed me that they have sent the complaint to the employer for their response. It goes on to say that the employer has 10 days to respond. Can someone shed some light as to what is being done in these 10 days? And, what is the result after the 10 day period? Any help would be much appreciated.
 


eerelations

Senior Member
The employer has to state in writing its side of your case. Gathering the appropriate evidence and information to present this written statement can take up to 10 days.

When it received the written response, the EEOC will review it and decide what, if any, next steps it should take. Since the next steps are based on the employer's written response, and we don't know what that response says, we can't tell you what those next steps might be.
 

eerelations

Senior Member
Depends how weak you think your case is. Why don't you wait 'til you see your former employer's response to your EEOC complaint and then decide?
 

pattytx

Senior Member
Even if you had the best case in the world, the EEOC is almost certainly not going to litigate it for you. The best you can expect is a right-to-sue letter, which is granted on nearly every complaint filed.
 

ThunderMan

Junior Member
Thanks Patty

Once you get the letter how difficult is it to get representation. I have been told that employment attorneys are very hard to find
 

mlane58

Senior Member
They are not hard to find and if you have the moeny to pay up front, they will certainly represent you, but don't expect any of them to take it on contingency unless you have a slam dunk case and even then I doubt they would. Employment law attorneys are not like personal injury attorneys.
 

ThunderMan

Junior Member
waiting

It's been close to a month since the ten day reply period and I still haven't heard back from the EEOC. Is that normal?
 

janimal

Member
The EEOC is incredibly busy with a huge caseload. It is not unheard of to have a case under review by the EEOC for well over a year to 18 months before a right to sue letter goes out. How long it takes for your claim to be investigated really depends on how busy your particular EEOC office is. But don't expect anything to happen quickly.

Very often, the EEOC will offer mediation to you and your employer as a quick way to settle the claim. Mediations are generally scheduled within a few months. If that is an appealling option to you, contact the EEOC office and let them know you would like to explore mediation.

You *may* have an attorney represent you at a mediation. Or you can represent yourself.
 

ThunderMan

Junior Member
Mediation

If I am offered mediation, what does that process sound like, is there a base that it starts with or is it completely ground zero. Will the employer have an attorney speaking for them or will it be someone from HR? Is there a formula that is standard.
 

janimal

Member
In mediation, a neutral mediator who works for the EEOC will act as a "go-between" to facilitate an agreement between you and your ex employer. Its up to your employer if they want an attorney or not, and it's up to them who they want to handle the mediation. It is also up to them to refuse mediation. If they feel like your case has no merit, that's a good option for them.

IF you mediate, you are asked to tell your side of the story, why you feel they acted illegally. They get to tell theirs. The mediator will usually ask questions. You will be asked what you want - generally this will be a dollar amount but sometimes mediations are more creative resolutions that just money. In my experience you and the employer's rep are separated and the mediator goes back and forth talking to you both until you hopefully reach a common agreement. Sign some paperwork and its done.

Just so you know, that you filed a complaint and they asked the employer for their response does not mean the EEOC has found your claim valid. It doesn't mean they have "picked up" your case. All it means is that you filed a claim.

If you would like to post more information about your claim there are lots of smart folks here who can give you feedback about whether or not they believe your claim has legal merit.
 

ThunderMan

Junior Member
claim info

I had a thumb injury related to work. Workers compensation agreed it was work related and the occupation medicine doctor at work had me do therapy in our therapy department. The therapy did not help and a work eval was done which resulted me being on modified duty. I informed my administrator and she allowed me to continue working without modification until my pain was to the point I had to go back to our occupation medicine doctor. She was upset that the modified work order was not followed again returned me to work making clear that I was not to use my thumb but could do other duties. My administrator said that the unit does not have light duty and if I was not able to do my job I needed to go home. I went back to the doctor and she said that I would start FMLA even though I was able to work. My thumb was operated on which required ten weeks to heal. I had a meeting with HR and benefits and told them I was able to work but since there was no light duty my FMLA would run out and I was in danger of losing my position. HR reassured me that if it were a matter of a few weeks over the time the would hold on to my position. I came back to work and with one week over my FMLA and the day after I returned I was told by the nursing administrator that I was going to work in another area until I got final release from my surgeon the next 10 days. He told me that since they had done that for a previous employee in my unit it was only right to accommodate me. Later that day I was called into the administrator office and Human Resources,the Administrator of nursing and my unit administrator told me that they were opening my position because they did not feel I would be able to return to work and allowed me to resign. I asked about the accommodation and the nursing administrator said "sorry thats on me I made a mistake". The man that was allowed to work despite having pins in his leg and needed crutches to get around is black. I am caucasian. the administrator at the time expressed the fear of having a law suite if he had him stay home or firing him. His surgery was elective. My complaint is racial discrimination. If they accommodated this man they also need to accommodate me. I was released because my FMLA ran out and it is legal to replace someone after twelve weeks. If I had the same help they gave the other man I would not have run out of FMLA and I still would have my job. My thumb is healed and I have releases both from my surgeon and the occupation medicine doctor. The occupation medicine doctor was not asked for an opinion whether I would be able to return to work before letting me go.
 

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