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A letter of determination is the last piece of an EEOC investigation. It provides an outcome for your EEOC charge. The Letter of Determination says the EEOC found evidence to support your employment discrimination or sexual harassment charge you filed with the EEOC. From there, you can choose to mediate your charge with the EEOC or file your complaint in federal court.
An experienced EEOC representation attorney can guide you throughout the entire EEOC filing process through receipt of the Letter of Determination. He can help you decide the best course of action for your case and represent your interests in mediation or litigation.
The process of filing a charge with the EEOC begins with an intake interview. Whether you file online, by mail, or in person, you will need to schedule an interview. Your intake specialist will sit with you and ask you questions regarding your charge.
The EEOC then contacts your employer. The intake specialist will interview your employer to get the other side of the story.
Within ten days of filing your charge with the EEOC, you and your employer will receive a mediation offer. Should you choose to accept this offer, you can try to settle the disagreement with your employer with an appointed mediator. However, if you reject the offer or the mediation does not work, the EEOC will conduct a full investigation of your employment discrimination or sexual harassment charge. The investigation will include witness interviews, visits to the workplace, review of documents, and fact-finding.
When the EEOC investigation is complete, they make a determination. If the EEOC finds no evidence of discrimination, you will receive a letter dismissing your charge.
However, if evidence is found to support your charge, the EEOC will issue a Letter of Determination. This letter is the last attempt from the EEOC to try to mediate your claim. You and your employer will be invited to sit with a mediator and try to reach an agreement (conciliation).
If an agreement is reached, you and your employer will sign it. It will be submitted as an enforceable legal document. If no agreement is reached, the EEOC will issue a Notice of the Right to Sue. This letter allows you to file your claim in federal court.
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View All TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
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I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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A letter of determination means the EEOC found evidence to support your claim of employment discrimination and sexual harassment. However, it does not automatically give you the right to file a federal court complaint. The letter of determination offers you an opportunity for conciliation (a specific form of EEOC mediation). If you refuse to enter the mediation or it does not result in a settlement, then the EEOC will issue a Notice of the Right to Sue.
The Notice of the Right to Sue allows you to file a federal court complaint with 90 days of receipt.
The entire process of filing an EEOC charge, accepting or rejecting mediation, and the investigation are legal processes. While you are welcome to represent yourself, it is not recommended. There are intricate parts to this process. If you are unfamiliar with the process and how it affects you, you may sign away your rights or short yourself proper compensation.
It is best to consult an attorney immediately before filing your charge with the EEOC. Your employment attorney can guide you through the entire process. When it is time to decide whether to mediate your claim, your attorney can represent you and make sure you do not give away your rights.
Signing a legally enforceable document should never be taken lightly. Your attorney will make sure you are signing a fair and just conclusion. Otherwise, your employer, who likely has an attorney through the process, may take full advantage of you and your lack of representation.
If you are the victim of employment discrimination or sexual harassment, you can file an EEOC charge to seek justice. The experienced employment lawyers at the Derek Smith Law Group can help.
Were you a Victim of Employment Discrimination or Sexual Harassment? Are You Waiting for a Letter of Determination from the EEOC Regarding Your Charge? Please Call Us at 800.807.2209 to Learn More About Your Rights.
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