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What is the EEOC Right to Sue Letter?

Legal Team Reviewing a Notice to Sue Letter

We all have the right to work in an environment free of discrimination.  Every worker should be treated equally, regardless of age, race, skin color, gender, disability or religion. However, sometimes employers do not follow the rules and treat minorities as second-class citizens.

Those who have faced discrimination in the workplace must follow a certain process. A person cannot file a lawsuit without first filing a charge with the U.S. Equal Employment Opportunity Commission (EEOC). The only exception is if you plan to file a lawsuit under the Equal Pay Act.

According to 29 CFR § 1601.28, you have 180 days from the date the incident occurred to file a charge with the EEOC.  The charge will be investigated by the agency, who will contact your employer for a response. If the law was violated, the EEOC will attempt to settle the case with your employer. If the case cannot be settled, the EEOC will send you a Notice-of-Right-to-Sue. If it cannot be determined if your employer broke the law, you will also be sent a Notice-of-Right-to-Sue.

If you plan to file an age discrimination claim, you do not need a Notice-of-Right-to-Sue before you can file a lawsuit for discrimination. You must, however, wait 60 days from the day you file your charge with the EEOC.

It’s important to take the proper steps if you receive a Notice-of-Right-to-Sue from the EEOC. Read on to see what you need to do next.

What Happens Next

If you receive a Notice-of-Right-to-Sue, you may or may not have grounds for a claim, but the EEOC is giving you the right to take legal action against your employer. Once you receive a Notice-of-Right-to-Sue, you must act quickly. You have only 90 days to file a lawsuit against your employer. If you don’t meet this deadline, your case will be thrown out of court and you will lose your right to sue.

Time is of the essence, so hire an employment lawyer as quickly as possible. The EEOC office may be able to assist you in finding legal assistance. This will likely be your only chance to hold your employer accountable for their actions, so don’t miss out on this opportunity.

Your lawyer can help you prepare your case so you have the best chance of winning. He or she will gather evidence and fill out the appropriate paperwork.

In your lawsuit, you can sue for remedies, which are types of compensation, such as back pay,  promotions, job reinstatements, reasonable accommodations, court costs and lawyer fees.

Work with an Experienced Employment Law Attorney

You and your co-workers should all be treated the same, regardless of your physical appearance and background. If you have been treated unfairly or denied opportunities for no performance-related reasons, you need to seek legal help.

Don’t continue to suffer in silence. Help others by taking a stand against the discrimination. Let one of the experienced New York City employment law attorneys at Ricotta & Marks, P.C.  help you. To schedule a consultation, contact our firm today at (347)-464-8694.

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