More Time
I filed a gender discrimation complaint with my state as well as the eeoc. The employer has asked for more time to reply to the charge. What does this mean for me? and my case? Is it good or bad?
1 answer | asked Jul 8, 2002 11:16 PM [EST] | applies to New York
Answers (1)
More Time to Answer
Whether your case is being investigated by the EEOC or the State Division, the fact of the employer asking for more time means little more than that the employer needs a little more time to put together a response.
The amount of time the employer requests to put together a response means little, but the real concern is how well you have articulated your case.
Now the likelihood of the EEOC doing much on your case is not good. Just to give you an idea: the EEOC receives thousands of charges each year, but brings fewer that 300 lawsuits each year. If the EEOC turns down your case, it very often has nothing to do with what they think of your case. However, they do issue no probable cause determinations in cases they investigate, and believe have no merit.
The State Division has to eventually do something with your case. But you have to realize that they are badly backlogged, and understaffed. What that means to you is that the State Division cannot afford to give your case a lot of time and attention.
They will base their decision on probable cause on what you and the employer give them. And, to a very large extent the adage of garbage in, garbage out applies.
In other words, if you fail to focus on the right issues, and if you fail to tell the Division what they need to hear, you may well end up with a no probable cause letter. A no probable cause letter basically means the Division does not believe you have a case.
I have too often seen employees with good cases being bounced out of the EEOC or Division, not because the EEOC or Division does not care, but because the employees were never able to identify the really important facts in their case, and, as a result, never communicated those important facts to the EEOC or Division.
Frankly, this is where attorneys come in. An employment lawyer can give your case time and attention. An employment lawyer, after all, does not want to take a poor case. As a result, a good employment lawyer will thoroughly evaluate your case. A good employment lawyer will look at your case, and work with you to develop it.
Most assuredly, an employment lawyer might look at cases in stages. For example, before I will accept a case, the case has to pass at least two stages of evaluation.
If I turn down a case (and I turn down many more than I take), I will tell you why. And, if I turn down a case, there is a very good chance you don't have a case.
posted by David M. Lira | Jul 9, 2002 12:13 PM [EST]
Whether your case is being investigated by the EEOC or the State Division, the fact of the employer asking for more time means little more than that the employer needs a little more time to put together a response.
The amount of time the employer requests to put together a response means little, but the real concern is how well you have articulated your case.
Now the likelihood of the EEOC doing much on your case is not good. Just to give you an idea: the EEOC receives thousands of charges each year, but brings fewer that 300 lawsuits each year. If the EEOC turns down your case, it very often has nothing to do with what they think of your case. However, they do issue no probable cause determinations in cases they investigate, and believe have no merit.
The State Division has to eventually do something with your case. But you have to realize that they are badly backlogged, and understaffed. What that means to you is that the State Division cannot afford to give your case a lot of time and attention.
They will base their decision on probable cause on what you and the employer give them. And, to a very large extent the adage of garbage in, garbage out applies.
In other words, if you fail to focus on the right issues, and if you fail to tell the Division what they need to hear, you may well end up with a no probable cause letter. A no probable cause letter basically means the Division does not believe you have a case.
I have too often seen employees with good cases being bounced out of the EEOC or Division, not because the EEOC or Division does not care, but because the employees were never able to identify the really important facts in their case, and, as a result, never communicated those important facts to the EEOC or Division.
Frankly, this is where attorneys come in. An employment lawyer can give your case time and attention. An employment lawyer, after all, does not want to take a poor case. As a result, a good employment lawyer will thoroughly evaluate your case. A good employment lawyer will look at your case, and work with you to develop it.
Most assuredly, an employment lawyer might look at cases in stages. For example, before I will accept a case, the case has to pass at least two stages of evaluation.
If I turn down a case (and I turn down many more than I take), I will tell you why. And, if I turn down a case, there is a very good chance you don't have a case.
posted by David M. Lira | Jul 9, 2002 12:13 PM [EST]
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