Filing a lawsuit can be a long, drawn-out, time-consuming, and expensive process. If time permits, because there are deadlines for filing lawsuits, we like to see if the employer is willing to settle claims before we file a lawsuit. We start by sending a demand letter to the employer that lists your claims and our settlement demand(s). If these discussions are unsuccessful, the next step (for discrimination and retaliation claims) is to file a charge with the Equal Employment Opportunity Commission ("EEOC"). This step could last anywhere from a few days to six months (or longer), depending on the approach we decide to take. After the EEOC completes its investigation or we receive the employer's position statement, we will receive (or request) a Notice of Right-to-Sue letter. At that point, we have 90 days to file a lawsuit. You forfeit your right to sue the employer if you do not file your lawsuit within those 90 days.
The length of settlement negotiations or the litigation process largely depends on the employer. It can move as fast or as slow as they want it to. We have had matters settle in less than a month, while others have taken years. The employer may be motivated to settle faster if the claims are strong and the evidence is embarrassing. However, we cannot force employers to negotiate. Because we often have to go through the EEOC and wait for a right-to-sue letter, employers sometimes drag their feet. We discuss the pros and cons of various options with each client, such as requesting an immediate right-to-sue letter from the EEOC to move things along faster.
Typical damages may include back pay, front pay, interest, compensatory damages (such as pain and suffering), and punitive damages (intended to punish an employer for intentional wrongdoing).
If you want to file a discrimination or retaliation claim with the EEOC in North Carolina, you have 180 days from the most recent discriminatory or retaliatory act to file your claim.
We represent employees nationwide throughout the EEOC process, including drafting charges, responding to position statements, and mediation. For state and federal court matters, we represent North Carolina employees.
No. We do not provide in-person consultations or meetings. Most of our client interactions, except for trial preparation, are via Zoom or by phone.
No. However, we may offer a payment plan on a discretionary basis.