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EEOC right to Sue letter issued

Discussion in 'Ask an Employment Attorney' started by anonymous, Jan 9, 2019 at 4:50 AM.

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  1. anonymous

    anonymous Guest

    help! I filed a discrimination claim against my employer and the local EEOC issed a right to sue. I have 5 days
    Left to respond but family emergency issues have prevented me fromfindinf an Attorney to represent me.
    Can I file an extension and how do I do that?
    Because it’s feseral court I don’t know how to file pro-se. i am aware the discrimination, especially against women over a certain age, continues at this company (I was forced to find another job due to emotional distress). Do you have a suggestion for me? I would
    Like to file an extension and then get an attorney. I have much documentation of my
    Family medical issues. Please let me know, the allegations are against-Abbott Laboratories
     
  2. Charles Joseph

    Charles Joseph New Member

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    Unfortunately, courts have interpreted federal discrimination laws as not allowing for extensions of time beyond the 90 days, barring extreme circumstances (and sometimes not even then). Neither the EEOC, your employer nor the court is free to give you the extension of time you need. If you go even one day beyond the 90 days, it can be fatal to your case.

    At this point, to protect your rights, you probably should file the initial complaint yourself. While navigating through the entire court process can be complicated, this part is not that difficult to do. Proceeding on your own is called proceeding “Pro Se.” Most federal courts have a special office called the “Pro Se Office” and a special clerk called a “Pro Se Clerk,” who can assist you. Also, in Manhattan, the United States District Court for the Southern District offers a free clinic for pro se litigants. Check the website of your local federal court for similar programs.

    Once you have timely filed your complaint and preserved your rights, you can ask the judge for more time before proceeding to allow you to find a lawyer. The judge is likely to grant your request.

    Good luck in going forward.

    You can read more about employee rights at https://www.workingnowandthen.com/.

    This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
     



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