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Filing a lawsuit can be a long, drawn-out, time-consuming, and expensive process. If time permits, because there are deadlines for filing lawsuits, I like to see if the employer is willing to settle claims before we begin the process. I start by sending a demand letter to the employer listing your claims and our demand(s) for settlement. 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 week to a year (or longer), depending on the approach the client wants to take. After the EEOC's investigation, we will receive 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 the process depends on the employer, which can move as fast or as slow as they want it to go. I have had matters settle in less than a month, and I have had some that took a year or longer. If the claims are strong and embarrassing, the employer may be motivated to settle fast. However, we cannot force them to negotiate. Because we (usually) have to go through the EEOC and wait for our Right to Sue letter, some employers choose to drag their feet. I discuss the pros and cons of various options with my client, like requesting an immediate Right to Sue letter from the EEOC to move things along faster.
Typical damages include back pay, front pay, interest, and compensatory damages like pain and suffering.
If you file a discrimination or retaliation claim with the EEOC, you have 180 days from the most recent discriminatory or retaliatory act to file a claim.
No. I do not provide in-person consultations or meetings. All of my client interactions are through Zoom or on the phone, except for trial preparation.
No. I sometimes allow payment plans, but the fees themselves are not negotiable.
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