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  1. #1
    Join Date
    Sep 2010
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    1

    Unhappy When Do You Have to Go to the EEOC Before Suing

    My question involves labor and employment law for the state of: Michigan

    I have been employeed by my company for 5 years now. I was wondering on the rules to follow. I read somewhere where it said before a lawsuit of any kind could be filed against a "big time" company that you had to file a complaint with EEOC first and then after the decision there, I could file a lawsuit if they give the right to sue. Is that true? I never heard of EEOC until I searched the internet. But if that is what I need to do first, then I will. I know that I have not been treated fairly at work and I need to get this going because I think it also said it had to be done in a certain time. Thanks for the help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: When Do You Have to Go to the EEOC Before Suing

    permission to sue would only be sought from the EEOC for very specific situations. They deal with discrimination. Does your situation have anything to do with discrimination?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: When Do You Have to Go to the EEOC Before Suing

    The EEOC handles claims of discrimination/harassment on the basis of race, religion, national origin, gender, disability, pregnancy, age (over 40 only) and most recently genetic information. If you are basing a claim on any of these reasons, you must have a right to sue letter from the EEOC or the state equivalent before you can file a lawsuit. You have 180 days from the last instance of discrimination/harassment (300 days in some state-specific instances) to file the claim with the EEOC. Once the right to sue letter is issued, which will take a minimum of six months and can take up to two years, you have 90 days to file the lawsuit. If you miss any of these windows you are forever barred from taking any legal action for those events.

    These answers are the same whether the employer is IBM or a mom-and-pop grocery down the street. There are no special rules for "big name" companies.

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