Legal Question in Employment Law in New York
The EEOC because of limited resources said that it could not come to a conclusion to my disability discrimination and retaliation case. The EEOC was not able to interview any of the Agency's witnesses; specifically the witness who claimed that I hit her in a violent and uncontrollable rage. This alleged assault was never report. I have been given the right to pursue a lawsuit and I would like to ask if I can now add defamation and libel to my charge?
My second question is this: If the alleged assault did happen and the Agency did not report it is that not a violation of another employee's safety? And if so isn't there a "reasonable cause" that the Agency did violate a labor law?
2 Answers from Attorneys
If your former employer is falsifying records or fabricating events, then you should absolutely include a defamation claim in any future claim. If the EEOC issued you a 'right to sue' letter, please contact my office to discuss your claim. Please include the name of your employer and the date of termination.
Regards,
You have 90 days from the date of the Right-to-Sue letter to file suit in a court of law. You can always add State law claims such as "add defamation and libel;" however, those types of claims almost never seem to work unless you have solid proof that your employer communicated such information to a "third-parson," meaning, someone outside of your place of employment. Finally, the EEOC has no obligation to come to conclusion on any claim.
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