Hesperia, CA asked in Employment Law for California

Q: i need advice on EEOC matter ,Do i need a attorney now? or wait till eeoc runs its course and gives me my right to sue

letter and get attorney at that time?

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4 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: You will benefit from an attorney's input early on, so you can help focus the EEOC investigation.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: It would be a very big mistake to wait to consult with an attorney after you let the EEOC complete its process. You need to immediately locate and consult with an attorney. You might not even want to be in the EEOC for this process. You probably have better alternatives.

Therefore you really need to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In matters involving the Equal Employment Opportunity Commission (EEOC), whether to hire an attorney now or wait until you receive a "Right to Sue" letter depends on several factors, including the complexity of your case and your comfort in navigating the EEOC process. Consulting with an attorney early on can provide valuable guidance on how to effectively present your case to the EEOC and may help strengthen your position. An attorney can also advise you on deadlines, the types of evidence that will support your claim, and potential legal strategies.

While it's not required to have an attorney during the EEOC investigation phase, having legal representation can be beneficial. An attorney can help ensure that your rights are protected throughout the process and can assist in negotiating a possible settlement before the case reaches the litigation stage. This early intervention can sometimes lead to a quicker and more favorable resolution of your complaint.

If you decide to wait until you receive a "Right to Sue" letter, be mindful of the time limits for filing a lawsuit once the letter is issued. California law provides specific time frames within which you must act to preserve your legal rights. Regardless of when you choose to seek legal assistance, doing so can significantly impact the outcome of your case. It’s important to carefully weigh your options and consider seeking at least a preliminary consultation to understand your rights and the best course of action for your situation.

Eva Zelson
Eva Zelson
Answered

A: You do not need to wait for the U.S. Equal Employment Opportunity Commission (known as EEOC) to grant you a right to sue letter before hiring an attorney. In fact, an employment law attorney can advise you through the EEOC process from start to finish. Experienced employment lawyers can offer advice on how to present your case to the EEOC, and whether to present your case to the EEOC in the first place; you may have legal alternatives. It’s best to consult with an experienced discrimination lawyer as soon as you suspect discrimination in the workplace to review your legal options.

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