Legal Question in Employment Law in California
Does EEOC has attorney to represent for me?
I recently filed a EEOC complaint with US EEOC in San
Francisco. If the EEOC Administrative Judge accept my
case, will EEOC provide me attorney to sue the
agency? Should I obtain my own attorney? Should I
also be able to file private lawsuit while awaiting EEOC
hearing? Thank you.
2 Answers from Attorneys
Re: Does EEOC has attorney to represent for me?
On completion of its investigation, the EEOC determines whether there is "reasonable cause" to belive that the charging party's allegations are true. The EEOC then attempts to secure the employer's volunatary compliance through a conciliation process. If conciliation fails, the EEOC sends a notice of the failure to the employer and may bring suit itself or issue a notice of right to sue to the charging party. The employee may act only file a private suit after receiving a notice of right to sue. Mindful of the statute of limitations, the employee then brings an action on his or own behalf, or retains counsel to do so.
Re: Does EEOC has attorney to represent for me?
Get your own attorney. It's too complicated to answer by email, without more facts. We do employment law. Why file with EEOC? Why not dfeh?