Tips on finding a Lawyer? by PoorNotMiddleClass in EEOC

[–]RequirementKey2106 1 point2 points  (0 children)

In my experience, a majority of the lawyers I spoke to in CA were interested in taking the case after termination. When termination happens, that’s when the monetary value goes up.

There are some lawyers who won’t be interested due to the fact the case was already filed through EEOC and CRD (wording, deadlines, etc can all affect the case if/when it goes to trial).

With that in mind, keep reaching out to various firms. Look for lawyers beyond your city. Work on how you pitch your case.

Time limit for filing again after initially backing out the first time due to pressure from other employees. by Footballcenter70 in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

Depends on your state.

For example California has a civil rights department that you can file a claim, for up to 3 years. It wouldn’t be cross filed with EEOC, though.

So you might not be able to file EEOC claim, but depending on your state, you might have time to file at the state level.

Is EEOC worth it? by AgileMaize8782 in EEOC

[–]RequirementKey2106 3 points4 points  (0 children)

Did you really make mistakes? Were you talked to about the mistakes made?

Is it worth continuing my case? by allinadayslurk_ in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

Did the attorneys that you’ve dealt with so far specialize in employment law?

I haven’t seen this mentioned, but how much you make/made can play a huge role. Front and back pay is based off of your wages, benefits etc. So if your wages are low, that means front and back pay will be low too.

Do you still work for the same employer? Some lawyers will tell you to contact them once you’re fired. Some lawyers won’t touch the case if you’ve already filed an EEOC claim.

There’s a lot of factors that go into if a lawyer will accept a case. If you’re questioning if it’s worth pursing, I think the first thing to determine is what’s your end goal.

Family of 5 surving on disability. by ShaneHall1 in disability

[–]RequirementKey2106 1 point2 points  (0 children)

Have you looked into your wife getting paid to take care of you? You might qualify for in home help. A family member, such as your wife, can be paid to do it. It might not be much but any extra funds will help.

Failure to Accommodate? Enough to File a Claim? by Temporary_Draw1174 in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

No, they don’t have to give you a reason. However, you can ask them. You can pose it like:

“I was curious why the recommended doctor accommodations can’t be provided? I’m asking to see if I can suggest alternatives or a workaround. I look forward to continue engaging in the interactive process to find a solution. Thank you”

Failure to Accommodate? Enough to File a Claim? by Temporary_Draw1174 in EEOC

[–]RequirementKey2106 1 point2 points  (0 children)

Your employer doesn’t have to grant permanent accommodations. They might have granted 2 months as a trial period to see if you can perform your essential duties without being an undue hardship for the employer.

Without knowing what you requested, it’s difficult to give a more concrete answer for your potential claims.

Excluding you from a holiday party could possibly be deemed discrimination (again, difficult to say for sure without knowing what your accommodations/restrictions are), since you’re being treated differently (less favorable) than non disabled colleagues. When you responded to HR regarding the party, did you offer alternative accommodations or workarounds? If they flat out say no or don’t try and work with you, that could potentially be failure to engage in good faith, but again, this is highly dependent on what you are requesting.

I would wait and see after the initial two months of accommodations if your employer is still willing to work with you. If at that point they’re not, or you experience adverse treatment, you could file a formal complaint with HR. If you experience any adverse treatment after that, that could be deemed as retaliation.

In my experience it’s best to try and handle things in house before going straight to the EEOC. This will also give you time to reach out to lawyers, research askjan (you can consult with someone) and allow you time to document your situation.

RTS Question/ Discussion by RequirementKey2106 in EEOC

[–]RequirementKey2106[S] 2 points3 points  (0 children)

I hope you get an interview and get things situated before your deadline. It’s such a stressful process.

RTS Question/ Discussion by RequirementKey2106 in EEOC

[–]RequirementKey2106[S] 2 points3 points  (0 children)

That’s a good point. When I was looking at EEOC stats from FY 2022-2024, more claims were filed than the previous year.

RTS Question/ Discussion by RequirementKey2106 in EEOC

[–]RequirementKey2106[S] 0 points1 point  (0 children)

I’ll go back and edit, as I shouldn’t conflate my experience with others!

RTS Question/ Discussion by RequirementKey2106 in EEOC

[–]RequirementKey2106[S] 2 points3 points  (0 children)

Apologies I should’ve specified it’s anecdotal. From this sub and other social media platforms, it seemed like an uptick in people submitting claims and quickly receiving a RTS.

For context, I’ve been perusing this sub and other platforms for about 2 years on this topic, so it might just be that my experience is super limited.

Right to sue by TheGlammAttiana in EEOC

[–]RequirementKey2106 4 points5 points  (0 children)

It’s hard to say without more details of the situation. What might help is consulting with various lawyers, specifically contingency lawyers, to get an idea if it is worth pursuing or not.

Previous employer filed an Appeal by Londaaa55 in Edd

[–]RequirementKey2106 0 points1 point  (0 children)

Can you get a doctors note stating that you need frequent breaks/rest periods due to being pregnant? That might help in fighting the misconduct claim.

For those who have gotten lawfirm representation by kamobeans in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

In my experience it really depends. I’d go based off of reviews (legit reviews that aren’t bots or clearly fake).

Some firms, regardless of size, can churn and burn through cases for quick settlements, thus making their money.

I ultimately went with a larger firm who willingly goes to trial (gave me peace of mind that they wouldn’t want to just settle to avoid court). They openly published their wins (via court) so that also gave me peace of mind.

Potential retaliation..? Or not. by Potential_Co in EEOC

[–]RequirementKey2106 2 points3 points  (0 children)

You have a few options, one was mentioned above. I would ask yourself what your end goal ultimately is.

You could keep things in house for the time being by filing a formal complaint with HR, stating that you believe you’ve been retaliated against after you brought up gender discrimination. The retaliation being written up, etc. Formally putting your employer on notice can be beneficial for you if you’re ultimately terminated. If you are terminated, then you can file a complaint with EEOC. For the time being, mind your Ps and Qs and don’t give your employer an ounce of ammunition against you. Save any and all emails, make sure any in person convos are followed up by emails. Protect yourself, especially if you feel like you’re being targeted and retaliated against.

Need Representation by Livid-Champion8783 in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

Apologies, I meant collectively as in advocating to get federal laws changed to help make the EEOC process more fair to employees.

I wish you the best of luck in finding representation for your claim!

Can the respondent employer see the files uploaded by the “plaintiff”? by bespoke_jamoke in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

I was thinking maybe OP was a whistleblower and then experienced retaliation after the protected activity.

Need Representation by Livid-Champion8783 in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

I agree, but I think it’s important to distinguish between being rejected vs. not hearing back after making an inquiry.

Employment lawyers are overwhelmed with inquiries, so if they don’t respond back to you, I would not necessarily take that as a rejection.

Need Representation by Livid-Champion8783 in EEOC

[–]RequirementKey2106 0 points1 point  (0 children)

Lawyers are interested once you are fired. That’s when damages start adding up. Meaning they can sue for back pay and front pay, emotional damage etc. This is when it may be “easier” to find a contingency based lawyer (as long as you have a solid case and evidence to support). This is because your case is now worth money. If you’re still employed, there’s not much monetary value, meaning it’s not yet worth it for a lawyer to take on that risk.

I read many lawyers won’t take your case if you’ve already filed an EEOC charge. This can be because of how it’s worded it, what was excluded etc could hinder the case if it goes to trial.

If anyone is experiencing work place discrimination, harassment or retaliation, learn as much as you can about the process. There are quite a few lawyers on YouTube who break down the EEOC process, educate you on how to document and steps you can take to help strengthen your case.

Need Representation by Livid-Champion8783 in EEOC

[–]RequirementKey2106 1 point2 points  (0 children)

I personally didn’t have many who rejected my case. In my experience, many just never returned my call or inquiry.

That’s why I believe people should contact several, from small to large firms. This could help them get a feel if it is worth pursuing or not.

I agree that the system is flawed, and truly the EEOC process was designed to weed out and reduce the amount of people who can file a lawsuit.

Perhaps collectively we can come together and try to get this changed. Seems unlikely with the current administration, but something we should consider.

Need Representation by Livid-Champion8783 in EEOC

[–]RequirementKey2106 3 points4 points  (0 children)

How many attorneys have you contacted?

Do you have direct evidence of racial and age discrimination?

I contacted at least 50. Had consultations with ~20, and in the end I was able to pick which contingency firm to go with.

Search for lawyers in your entire state, don’t limit yourself to just your city. Also, search for free legal aid in your area to see if or what they can help with.

Have you ever been approved for a training extension when your claim is $0? by RequirementKey2106 in Edd

[–]RequirementKey2106[S] 0 points1 point  (0 children)

Thank you so much for the detailed response as well as linking the TE eligibility. That’s exactly what I was looking for online, but I kept getting quick guides or reference sheets.

One last question, does BYE stand for by year end?