When the EEOC issues a Notice of Right to Sue, You Must Act Quickly to File Your Complaint in Federal Court.
You cannot file a complaint for employment discrimination or sexual harassment in federal court without filing a charge with the EEOC. After 180 days or after the EEOC completes its investigation, you can receive a Notice of Right to Sue. This letter allows you to file your complaint in federal court.
The time limit to file your complaint in federal court goes by quickly. The law allows you 90 days from receipt of your letter to file your complaint. An experienced employment lawyer can help you request your Notice of Right to Sue letter and file your complaint within the time limit allowed by law.
What is the Notice of the Right to Sue?
What Is the Process to Receive a Notice of the Right to Sue?
An employer is prohibited from discriminating or harassing an employee for any reason relating to protected class status, such as race, gender, age, disability, pregnancy, national origin, religion, genetic information, immigration status, or citizenship status. The law also prohibits any form of sexual harassment against an employee by an employer, coworker, supervisor, manager, or nonemployee.
When your employer does not comply with federal law, you have a right to file an EEOC charge. The EEOC will begin its investigation to determine if the claim of discrimination is valid. The EEOC will conclude the investigation in one of two ways:
- Issue a Dismissal and Notice of Rights
- Issue a Letter of Determination
The Dismissal and Notice of Rights
The Dismissal and Notice of Rights is an EEOC document that states the EEOC did not find enough evidence for the claim to meet federal law requirements for discrimination or harassment. However, it does not mean that your case is dead. You still have the right to file a complaint with the federal courts.
The Letter of Determination
The Letter of Determination means the EEOC investigator thinks you have a valid discrimination claim. The letter requests another attempt for mediation between you and your employer. If you decline mediation, the EEOC will issue a Notice of Right to Sue.
The Notice of Right to Sue Without a Completed EEOC Investigation
The EEOC investigation can take up to 10 months to reach completion. However, after 180 days, you can request a Notice of Right to Sue from the EEOC. The investigation may not be complete at this time. However, the law states you can file your federal court complaint after your charge has been with the EEOC for 180 days or longer.
What Happens After Receiving the Right to Sue Letter?
Once you receive your Notice of Right to Sue, you have ninety days to file your federal court complaint for sexual harassment or employment discrimination. If you miss your statute of limitations, the court has the right to dismiss your complaint. As a result, you lose the right to seek justice and receive compensation for your claim.
How Can an EEOC Representation Lawyer Help You File Your Complaint?
If you do not already have an attorney, now is a good time to retain one. Your attorney will help you with the next phase of the process. Your EEOC representation attorney can help ensure your complaint gets filed with the federal court within the time limit allowed by law. They can ensure your complaint is properly filed and includes all information required by the court.
When your case goes to trial, your lawyer will stand by your side as your advocate to ensure your claim receives the best opportunity in court, and you receive the justice and compensation you deserve.
Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation
If you have never dealt with the EEOC in the past, it can be daunting and overwhelming. It is best to allow an experienced employment attorney to help you understand the system and meet all necessary deadlines. If you have an EEOC claim, the experienced employment discrimination attorneys at the Derek Smith Law Group can help.
Did You Receive a Notice of the Right to Sue from the EEOC? You Only Have 90 Days to Act. Please Call Us at 800.807.2209 or Email derek@dereksmithlaw.com to Learn More About the Process and Your Rights.