I filed an EEOC complaint on April last year.

I filed an EEOC complaint on April last year. It is for racial discrimination, age discrimination and retaliation and harassment. The big corporation has not fired me as of today even though I have not worked since 12-29-23. I am under care of psychiatrist and therapist and primary doctor for now having to be on blood pressure medication due to severe stress. I have over 100 pages of documentation submitted to EEOC. Should I get an Attorney now or wait until EEOC finishes their investigation? I was not offered mediation but offered remedies of reporting to a different manager, moving to another restaurant and back pay because my hours were cut from 20 part time hours to 10 hours per week after I filed HR Complaint against Manager on 03-03-23.

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17 Comments

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  1. Anonymous

    From my experience working with an employment legal firm, once a EEOC claim is filed you need to wait.
    It normally takes about 2 years for that to be completed. An attorney cannot file a claim with the courts at the same time. The EEOC and our court system are public resources but cannot compete with each other on the same claim. When the EEOC sends you their decision, it will include language that you have the right to sue. I believe you'll have 90 days to do that.

  2. Janelle Pruitt

    Thank you so much for your answer.

  3. Anonymous

    If your city/state has an attorney referral service - check with the local BAR association then do a 1 hour consultation with a referred employment attorney that specializes in your situation and bring all of your documentation with you. Ask them for their weigh in on things and based upon the timeline and feedback they share with you go with their recommendation given the personal issues you are dealing with. A lawsuit should it go there can often take 2-3 years and the bigger the company the more likely they will rake you over the coals to prove you wrong. Mediation is something that may or may not be in your offer letter so re-read that as that is a short cut to some sort of settlement in your situation. Do not expect much from that because that generally leave both sides unhappy but cuts things in half. You will need an attorney at the table for you with that too. It does not come for free. The cost of mediation is usually split by both sides with no one admitting fault. Also be sure should you separate from the company to have a mutual non-disparagement clause for what you can both say about each other. It should cover you from them saying you were fired or that you filed a claim. If you do go to trial your name and the filings become public record which can often make you have your business openly out there and you cannot remove that from public view. Good luck. Best suggestion should you not find a lawyer is wait out the investigation which can take months. Good luck.

  4. Janelle Pruitt

    Thank you so much for your answer.

  5. Anonymous

    you are quite welcome

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