EEOC Right to Sue Letter

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Latest post 09-23-2008 9:21 PM by Cica. 6 replies.
  • 09-22-2008 7:54 PM

    • Atsu
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    • Posts 13

    Question [=?] EEOC Right to Sue Letter

    What is the significance of a Right to Sue letter for the complainant and for the receiver of the complaint? Does it mean you have a case? Does it mean the entity being sued has been found to be culpable?
  • 09-22-2008 10:24 PM In reply to

    • Cica
      Consumer
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    • Joined on 09-23-2003
    • Posts 6,520

    re: EEOC Right to Sue Letter

    The significance is that it is required before an attorney can file a lawsuit.

    The EEOC may *choose* to investigate a claim; it may also issue the letter without conducting an investigation.

    "Does it mean you have a case?" Anytime that you can find an attorney to represent you, you will have a case. Whether you have proof of an illegal discrimination claim as opposed to unsubtantiated allegations will be up to the court.

    "Does it mean the entity being sued has been found to be culpable?" No. Statements were made. But arguments have yet to be heard, attorneys weren't present, and no judge attended.
  • 09-22-2008 11:16 PM In reply to

    • Atsu
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    Ok [+0+] re: EEOC Right to Sue Letter

    Thank you.

    I was offered mediation, but am waiting to see if the company responds to this course of action positively.

  • 09-23-2008 6:53 AM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    re: EEOC Right to Sue Letter

    Good luck, and just remember as indicated in a previous thread, upon receipt of Right to Sue that you are under time limitations.

    The company may respond. Or not.
  • 09-23-2008 8:16 PM In reply to

    • Atsu
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    • Joined on 09-10-2008
    • Posts 13

    Question [=?] re: EEOC Right to Sue Letter

    Why might the company fail to respond to the EEOC? Can they do that without suffering any penalties?

    It seems that they are obligated to respond to DOL as this entity can file a lawsuit on behalf of the complainant and enforce damage awards. The state has more leverage than the fed?
  • 09-23-2008 9:21 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Feedback [*=*] re: EEOC Right to Sue Letter

    I think I've omitted a couple of words!

    The company may respond *with an agreement to mediations.* (Or, they may elect not to go through mediations.) I believe that if either the employer/employee refuse mediations the claim is sent to their investigative unit.

    There it is determined whether to dismiss and issue the Right to Sue; or, if they find cause to believe discrimination took place, they attempt to settle the case.
  • 09-25-2008 7:58 PM In reply to

    Idea [I] mostly symbolic

    The significance of a right to sue letter from EEOC or DFEH is that you are allowed to file a lawsuit in court, as exhausting of administrative remedies (getting such a letter) is a pre-requisite to civil action.

    Within itself, the right to sue letter has no bearing on the merits of your case. In other words, you may have a great case or no case at all and still get a letter as in most cases it is issued because EEOC / DFEH did not find sufficient evidence (or were too understaffed and overworked to deal with the issue) of unlawful conduct and they let you proceed with the case.

    An attorney may get an immediate right to sue letter by filling out a form on-line as it is a pure formality.

    Thanks, and if you have any questions, feel free to follow up.

    Arkady Itkin
    California Employment Lawyer
    http://www.sanfrancsicoemploymentlawfirm.com
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