Gomez Trial Attorneys

What is a Right-to-Sue Letter?

When you receive a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC) you gain permission to file a federal lawsuit related to an act of employment discrimination. This step signifies that you have exhausted all of your administrative remedies, leaving only the court system to address the discrimination you have faced.

You are generally required to secure one of these letters before you can file a lawsuit based on the discrimination you experienced. This is done when there is no question that you have taken your claim as far as it can go with state or federal regulators. Before you attempt to navigate this process on your own, let the Gomez Trial Attorneys advise you of your options. The support of a sexual harassment lawyer could make all the difference in your case.

What is the notice of right to sue letter?

A notice of right to sue letter is a document you will receive after formally notifying the EEOC of your complaint regarding harassment in the workplace. This notice is designed to inform you that the EEOC has concluded its investigation into your allegations. It represents the end of the EEOC’s efforts to resolve your complaint and signals that the agency will take no further action when it comes to your claim.

The end of the administrative process marks your opportunity to file a lawsuit based on your employment discrimination claims. Because your administrative options have been exhausted, you have no other option but to pursue legal action and seek compensation on your own.

You could receive one of these letters from other agencies outside of the EEOC. On the state level, California’s Department of Fair Housing and Employment (DFEH) also deals with allegations of workplace discrimination. If you submit your claim to the state office, they may also submit a letter to you as well.

Understanding the Relevant Deadlines

You have a limited amount of time to act when it comes to these cases. Before you file your discrimination lawsuit in federal court, you must file a charge with the EEOC within 180 days of the discriminatory conduct occurring. This deadline could be extended to 300 days if you also plan on filing a state employment discrimination charge as well.

Preliminary Investigations

There is more to this process than asking for and receiving a letter giving you the right to file a lawsuit. Often, state and federal authorities will conduct an investigation based on the details you provide. This preliminary investigation can involve reviewing employment records and speaking with witnesses to determine if there is anything to the allegations.

If the agency decides there is not enough evidence to move forward, it will notify you of the decision and close the case. This does not impact your right to file a lawsuit on your own. When there is evidence of harassment, the agency can attempt to secure a resolution on your behalf. Once those efforts are exhausted, you will receive the right to sue letter.

What to do After Getting the Letter?

It is important to understand that once you receive your letter from the government, there is no time to delay. You have a limited amount of time to file a lawsuit, and the clock starts ticking as soon as you get the notice you are looking for. Any delays will only work against you moving forward.

It is risky to simply file a lawsuit on your own as soon as you receive the letter, however. The support of skilled legal counsel can make the difference between getting the outcome you deserve and walking away with nothing. It is important that you reach out to an attorney who understands the ins and outs of harassment litigation.

Do I Always Need a Right to Sue Letter to Bring a Lawsuit?

In most types of discrimination cases, you will need to comply with EEOC rules and deadlines related to a right-to-sue letter. However, there are a few important exceptions to be aware of, and they are generally related to the type of case you intend to file. This includes violations of the Equal Pay Act as well as age discrimination claims.

Equal Pay Act

When it comes to violations of the Equal Pay Act, there is no need to go through the process of filing a claim with the EEOC and waiting for a notice of your right to file a lawsuit. However, these claims fall under a fairly limited scope. You are only able to pursue legal action based on claims that women are not paid equally to men in the workforce.

Under the Act, you do not have to jump through any administrative hoops before filing your lawsuit and seeking justice. Instead, you only need to comply with the statute of limitations tied to your claim. The legal deadlines expire either:

  • Two years from the date that pay discrimination occurred, or
  • Three years if the discrimination was willful

These cases are complex, even without the administrative challenges of an EEOC claim. Having the support of an attorney is vital.

Age Discrimination in Employment Act

You can also skip the hassle of most EEOC administrative requirements if you are filing an age discrimination lawsuit under the Age Discrimination in Employment Act. Although there is no need for a right-to-sue letter, you will need to first file a charge with the federal agency.

Do Not Face This Challenge Alone – Gomez Trial Attorneys is Here to Help

Dealing with discrimination at work is something no one should ever have to face. When it happens, you have the right to fight back by pursuing legal action. However, you may need to obtain a right-to-sue letter from the EEOC or a state agency before filing your lawsuit.

The team at Gomez Trial Attorneys is here to help you navigate this complex process. Instead of attempting to handle it on your own, let our lawyers assist you every step of the way. Contact us for a free consultation today.

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