How to Sue for Wrongful Termination
File a charge with the EEOC., Talk to an EEOC agent., Attend mediation if required., Cooperate with the EEOC investigation., Wait for EEOC action., File a lawsuit in your nearest federal court.
Step-by-Step Guide
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Step 1: File a charge with the EEOC.
If you believe your former employer fired you on the basis of your race, color, religion, sex, national origin, age, disability, or genetic information, you can file a charge of discrimination with the U.S.
Equal Employment Opportunity Commission.All of the laws enforced by the EEOC require you to file a charge with the agency before you will be allowed to file a lawsuit for discrimination.
To file a discrimination charge, you can simply walk-in to your nearest EEOC field office and fill out the form to file a charge.
If you live too far away, you can call the EEOC toll-free number at 1-800-669-4000.
A representative will take basic information about your case and forward it to the appropriate field office. -
Step 2: Talk to an EEOC agent.
Either in person or over the phone, an agent in the appropriate field office will talk to you about your charge and ask you questions about your termination and the reasons you believe you were terminated for a discriminatory reason.
For example, suppose your boss needed to lay off a number of workers, and he decided to lay off the oldest workers first, keeping the younger ones.
This could be evidence of age discrimination.You'll need to back up your charge with as much evidence as you can find, including eyewitness accounts or any notes or emails that contain discriminatory statements.
Within 10 days of receiving your charge, the EEOC will send a copy of it to your former employer and ask for a response to the charge. , In some cases, the EEOC will require you and your former employer to attend a mediation and attempt to resolve the dispute without proceeding to a formal EEOC investigation.
The mediator will work with you and your former employer to attempt to reach a voluntary settlement of the dispute., If the EEOC found evidence to support your discrimination charge and you and your former employer were unable to reach a settlement during mediation, the EEOC may launch a full investigation of your case.
During the investigation, the EEOC will request documents and interview witnesses to get to the bottom of the facts and circumstances surrounding your case.
Depending on the amount of information to be analyzed and other factors, the EEOC investigation could take as long as six months., At the conclusion of the investigation, the EEOC will notify you of the action it is taking in your case.
Regardless of the EEOC's decision, you always have the right to file a lawsuit.
If the agency finds no violation of the law, it will send you a notice that you have the right to sue for discrimination in federal court.
If the agency does find a violation of the law, it will attempt to reach a settlement with your former employer.
If that isn't possible, the agency will either sue your former employer itself or send you a notice that you have the right to sue for discrimination in federal court yourself., When the EEOC has completed consideration of your discrimination charge, you have the right to sue your former employer in federal court.
Even if the discrimination does not violate one of the laws the EEOC enforces, you still might be able to recover damages for wrongful termination.
Before you file a lawsuit in federal court, consider hiring an attorney.
Federal court procedure is complex and if you file on your own, you will be expected to know all the rules to the same extent an attorney would.
If you can't afford an attorney, check with your state bar association for free or reduced-cost legal services such as legal aid societies or law school clinics. -
Step 3: Attend mediation if required.
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Step 4: Cooperate with the EEOC investigation.
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Step 5: Wait for EEOC action.
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Step 6: File a lawsuit in your nearest federal court.
Detailed Guide
If you believe your former employer fired you on the basis of your race, color, religion, sex, national origin, age, disability, or genetic information, you can file a charge of discrimination with the U.S.
Equal Employment Opportunity Commission.All of the laws enforced by the EEOC require you to file a charge with the agency before you will be allowed to file a lawsuit for discrimination.
To file a discrimination charge, you can simply walk-in to your nearest EEOC field office and fill out the form to file a charge.
If you live too far away, you can call the EEOC toll-free number at 1-800-669-4000.
A representative will take basic information about your case and forward it to the appropriate field office.
Either in person or over the phone, an agent in the appropriate field office will talk to you about your charge and ask you questions about your termination and the reasons you believe you were terminated for a discriminatory reason.
For example, suppose your boss needed to lay off a number of workers, and he decided to lay off the oldest workers first, keeping the younger ones.
This could be evidence of age discrimination.You'll need to back up your charge with as much evidence as you can find, including eyewitness accounts or any notes or emails that contain discriminatory statements.
Within 10 days of receiving your charge, the EEOC will send a copy of it to your former employer and ask for a response to the charge. , In some cases, the EEOC will require you and your former employer to attend a mediation and attempt to resolve the dispute without proceeding to a formal EEOC investigation.
The mediator will work with you and your former employer to attempt to reach a voluntary settlement of the dispute., If the EEOC found evidence to support your discrimination charge and you and your former employer were unable to reach a settlement during mediation, the EEOC may launch a full investigation of your case.
During the investigation, the EEOC will request documents and interview witnesses to get to the bottom of the facts and circumstances surrounding your case.
Depending on the amount of information to be analyzed and other factors, the EEOC investigation could take as long as six months., At the conclusion of the investigation, the EEOC will notify you of the action it is taking in your case.
Regardless of the EEOC's decision, you always have the right to file a lawsuit.
If the agency finds no violation of the law, it will send you a notice that you have the right to sue for discrimination in federal court.
If the agency does find a violation of the law, it will attempt to reach a settlement with your former employer.
If that isn't possible, the agency will either sue your former employer itself or send you a notice that you have the right to sue for discrimination in federal court yourself., When the EEOC has completed consideration of your discrimination charge, you have the right to sue your former employer in federal court.
Even if the discrimination does not violate one of the laws the EEOC enforces, you still might be able to recover damages for wrongful termination.
Before you file a lawsuit in federal court, consider hiring an attorney.
Federal court procedure is complex and if you file on your own, you will be expected to know all the rules to the same extent an attorney would.
If you can't afford an attorney, check with your state bar association for free or reduced-cost legal services such as legal aid societies or law school clinics.
About the Author
Beverly Jenkins
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