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shorty
05-01-2010, 10:03 AM
I want to share my EEOC complaint. I file my complant in Mid-January 2010. The EEOC sent the Employer the notice 10 days later. Mediation was offered 10 days after the notice. The Employer refused mediation 10 days later. The EEOC investigator was assigned to my case 10 day after that. I admended my charge several times to strengthen my charge, since I didn't receive a call back from the investigator. How long does the EEOC investigation usually take?

OnYourSide
05-01-2010, 11:30 AM
Hi, Shorty -

Welcome to the Forum!


The Bad News is it could take many months for the EEOC to conduct an investigation of your complaint. The EEOC is spectacularly overwhelmed with complaints from disgruntled and discriminated-against employees and they can barely keep up with the volume of complaints they receive.


The Good News (actually, there are TWO components to the Good News, for once!) is that:


a) The EEOC is hiring additional investigators and intake specialists to handle the overload of cases coming their way. (It seems that the Federal government is just about the 'employer' hiring these days - and in a big way.)


b) Your employer had better be tiptoeing around you until the EEOc's investigation is COMPLETE. If they so much as LOOK AT YOU SIDEWAYS it can be considered Retaliation against you for filing your EEOC claim. So keep your eyes peeled - anything that LOOKS like Retaliation probably is. And you should document, document, document it, inform your EEOC Investigator, and ask whether you should file a further amendment or file a separate Charge for Retaliation. Most of the time, I would recommend filing a separate charge for the Retaliation because then it gets attention all on its own, gets its own Case #, its own investigation, sometimes a separate investigator, etc. But DO inform your current investigator of any retaliation you experience.


Good luck. Please keep us posted on your case as it churns along.

~Mary

The Undercover HR Director

mary@undercoverlawyer.com

shorty
05-01-2010, 12:56 PM
I already resigned. I was demoted from my supervisor position to a laborer position. I quit and file for constructive discharge, that way they cannot offer me my job back because the conditions there was so intolerable. Its a harder case to prove but there is no limit on front pay and I would have been working for another 30 years before I can retire. I work for the local government and the information the EEOC seeks is public records in which the local government cannot deny or dely the request. It shouldn't take too long I hope.

shorty
05-01-2010, 01:24 PM
OYS, Its is a coincident that my HR Director's name is also Mary and I filed my complaint against her also as well as against my Department Director. I have to be careful of what I say on this site but it nice to let people know how the process work. I will keep you inform on my case.

OnYourSide
05-01-2010, 04:47 PM
Yes, shorty - be careful what you say on this forum, because it's public. And yes, it's good that you included your HR Director in your EEOC complaint. It's frequently the HR person that works/schemes right alongside the employee's manager to take advantage of an employee.

littlelulu
05-01-2010, 05:18 PM
Shorty, let me join Mary in welcoming you to the forum. And as you read posts by members who went the EEOC route, it can take a longgggg time for the investigation to be completed so you will need to have the patience of a saint........You might also want to start lookint at attorneys because from what I have read from others here, usually the only thing you will get after your wait from the EEOC is a Right To Sue letter.

Punch1
05-01-2010, 10:54 PM
I filed my charge March 2009. Crazy uh?

OnYourSide
05-02-2010, 12:00 AM
You definitely want to start lawyer-shopping as soon as you file your EEOC claim. The minute you get that right-to-sue letter, you want your lawyer to be ready to sue. It generally takes a long time to find an attorney who will will agree to take your case at a fee that you'll agree to pay.

shorty
05-02-2010, 12:34 AM
littlelulu, its only been three months so I have some time to wait before the RTS. The EEOC is better than the Florida Commission on Human Relation. If you file with the FHRC and they give you a "no reasonable cause" determination, you would have to go before an Administrative Judge before you can take it to trial. The AJ decision doesn't allow for compensatory or punitive damages and that route would cost more litigation fees. The EEOC "no reasonable cause" finding allows you to go straight to federal court. In addition, the EEOC sometime represent you when they find "reasonable cause". The EEOC also give you referal to an attorney if you don't have one and it is easier to find an attorney with a "reasonable cause" determination. FCHR has jurisdiction over the EEOC to investigate my case because I work for the local government, but I was lucky that they didn't.


Beware of those attorney who say that you have a strong case when you don't. Those attorney already got paid by you and only persues the case at your request no matter how rediculous it is. If you lose, you might have to pay for your employer's litigation fees. Usually the only way to win in those cases is through a settlment. Thats why it's sometimes better to try to get a "reasonable cause" determination before you sue. Your case is weak if the EEOC prioritize your case last and it takes years for them to investigate.


Littlelulu, since you work for the state, your case has priorty with the Washington Human Rights Commission because they have a lot to lose. My employer has a long history of discriminating against minority worker. Two years ago, they settled with an employee who didn't even have a case because there was not even an adverse employment decision and the only thing that the supervisor told him to park in the "back" because there was no space up front. He got a few negative remarks about his work performance but no disciplinary action or poor evaluations. He got back pay and attorney fees. It was less than $17,000 so it was cheaper for them to settle. I wonder how much the secretary got paid when the Superintendant grabbed her ass and she resigned shortly afterward. They also hung nooses and segregated the bathrooms in 1996. I worked there for nine years and seen plenty of things that goes on there. When a black employee tell Human Resources he/she was discriminated against, the HR Director gets real nervous and tell the supervisors to stop harashing the employee even when there is no discrimination. They can also get a better merit evaluation raises if they complain to HR.


The HR Director is already placed on notice by the Commissioners with their last settlement which cost the city $30,000 in legal fees for concilation and $17,000 in settlement fees. Now the employees can get away with murder. I never seen so much lazy employees. If you tell them to go to work, it is a derogoratory statement and they go straight to HR and tell HR that you are harashing them. Then the supervisor get a warning for HR Director to ease off on the employee.

littlelulu
05-02-2010, 01:18 AM
Oh Shorty, the Washington State Human Rights Commission is a bigger joke than the EEOC. Thats where I started. The investigator only investigated a tiny portion of my complaint and that was also the weakest part of the complaint. They blew me off and so did the EEOC (based on the findings of the HRC) and the state HR investigator for the department. I ended up getting fired after almost 25 years with DSHS and basically with lies made up by my supervisor. She was *allowed* do investigate me after she found out I had filed a complaint against her for unethical practices.

shorty
05-02-2010, 02:11 AM
Littlelulu, usually the EEOC and WHRC are only concern with the people that are similarly situated like yourself, who hold the same position, who are not in your protected group and are treated more favorable than you. The other thing is if the harassment is servere and persuasive enough to be considered a "hostile work environment". Or in your case a adverse employment decision because you were fired.


You made out a prima facie case in order for them to investigate so now you have to show that their reason given in the Statement of Position is pretext. If it was a lie and you have proof, then they might have a hard case on their hand. Once you give WHRC a response to the Statement of Position, they can conlude their investigation with your response because WHRC gave you a opportunity to respond to your employer allegation and your reponse was not acceptable for the agency. WHRC is only concern with the reponse to the position of statement which is the next step of the process after you made your case. Now if you cannot show that their reason is a lie, then there is no pretext and the case is closed.


Usually the employer gives the employee the written statement for reason why they were fired and this can be used against them if they come up with another lie that they gave on the Statement of Position. Doesn't the state have a progressive disciplinary process in order to fire the employee.

shorty
05-02-2010, 04:57 PM
If you went with WHRC route, the maximuim relief an Administrative Law Judge awards for humiliation and mental suffering is $20,000, without taking it to trial. Reinstatement and backpay is the only remedy. There is no relief for future economic loss. The state would never offer you more than that at conciliation. If you wanted to get paid, then you did the right thing by hiring an attorney and taking it to court.

littlelulu
05-02-2010, 08:25 PM
Thanks for all your insight, Shorty.

shorty
05-03-2010, 12:43 PM
Littlelulu

If your supervisor made up a whole bunch of lies, maybe you can prove her wrong by mentioning procedures and rules in the Washington DSHS Manuals. Here is where you can find the Manuals.

http://www.dshs.wa.gov/manuals/index.shtml

littlelulu
05-03-2010, 04:35 PM
Thanks Shorty. I am pretty familiar with the WACS and manuals after working there for almost 25 years (smile). One of her *lies* is that is was against policy to date a form for a client. Well, everyone in the office will date a form because we were required to use *prudent person* and NOT delay benefits for a client. And, at the time, there was NOT a WAC stating we could not date a form for someone. The ex-sup went as far as to ask the acting leadworker to find specifically where in the manual it stated this as well as the WAC. Well, it didn't exist but the ex-sup STILL said I was prohibited from dating the form. The other issues (and maybe you have some insight into this) was that over an 18 month period, while the city was replacing water/sewer lines & constantly digging up the phone lines, there were 20 phone calls that I made on the SCAN system (state long distance service) that NEVER appeared on my monthly reports. I was writing down EVERY call, the date, the number and the result (busy, answering machine, etc) because I KNEW the supervisor was out to get me. Out of these 20 calls, she only focused on 5 or 6 calls. One of those I had documented that is sounded like someone picked up and then the line went dead. It was to a cell phone on a fishing boat in the Atlantic and in all actuality, it probably NEVER connected. The other 5 calls, I assume the people called forgot I talked to them since the sup called them 2-3 months AFTER I spoke to them. So, there are 14 calls they did NOT address. And I know WHY most of those were not addressed, its because the people I spoke to remembered talking to me. Several of my clients have told me that the sup called them and they confirmed the calls. So Shorty, do you know HOW I can prove that the SCAN system is obviously flawed and does NOT record every call made? I did contact Division of Information Services several times and they said that if I had input my SCAN access code incorrectly, as long as it was a valid code, the call would go through but the call would go on the SCAN report that the access code belonged to. Supposedly, they checked EVERY SCAN access code in the state of Washington and NONE of these calls appeared. This leads me back to the fact that the system is not 100% accurate - and how could it be because it is a computer system and NO computer system is 100% accurate - because I would take a polygraph test to PROVE that I did make those calls. And I have co-workers willing to state that I am NOT stupid and I KNEW the sup was out to get me so WHY would I write down EVERY SCAN call made, compare the list to each monthly SCAN report and then write down any missing calls before signing the report that it was accurate to the best of my knowledge?????

shorty
05-03-2010, 06:57 PM
Littlelulu

I have to see if I can find something out for you. My advice for you right now is if you know someone else who did the same thing who is under the age of 40 if you are filing an ADEA claim or a male if you are filing sex discrimination and they got a less severe discipline. You don't have to prove that you didn't do it for it to be pretext, another way is to show that someone outside your protected group got a more favorable treatment. Request to see other employees' personel files at the Washington DSHS Human Resources Department. It's public records and maybe you might find someone who was written up for the same thing and got a less severe discipline. Their incident might have occured at the same time you mention that the Scan System went down which might support your claim.

shorty
05-03-2010, 07:32 PM
Some union contracts have a clause that disciplinary action must be taken within 30 days after the incident. Does your union contract have this clause. I will get back with you tommorrow if I find something.

littlelulu
05-04-2010, 12:21 AM
I'm not sure if it has that clause or not Shorty. I know that this all started on 6/22/07 and did not end until 6/29/09 - the day I was fired so I would *think* that if WFSE had that clause, they would have used it. The only thing they could come up with to fire me was dating one form for a client and those 6 calls that did not appear on my monthly SCAN reports over an 18 month period. And the one call that I documented *sounded* like someone picke up & then the line went dead should not have been included anyway..........Thanks for the info on the DSHS HR. Can I just request that info or does my attorney have to??

shorty
05-04-2010, 12:50 AM
I read collective bargaining agreement on the information technology security policy and it doesn't mention nothing. The only thing I found was if you worked teleworking and flexible working hours under the Division of Developmental Disabilities, the supervisor is accountable to review the employee's Scan and/or Scan Plus bills monthly for dicrepancies. Here is the web page.

http://www.dshs.wa.gov/pdf/adsa/ddd/policy_archives/apolicy8.01_08_03.pdf


Scan long distance calls cannot be obtain through the internet. There is only a telephone number to request the information which you already did. Since you worked there for 25 years, you haven't heard of anybody who made the same mistakes that you did who just got off with a warning in their file. Since you cannot disprove the lie then you have to find someone who commited the same act and was treated more favorable

shorty
05-04-2010, 01:26 AM
You can look through personel files at HR yourself but I don't know if there are charge for the service. Usually there is no cost and you have to sign out the personnel files. But now-a-days the information is scan and a secretary has to bring up the files on the computer. Just go to HR and ask them the procedures for requesting personnel files.

littlelulu
05-04-2010, 05:44 PM
Thanks Shorty. Curt suggested I find a telephone system consultant (or expert) that can talk to me about how accurate SCAN is (or any long distance calls for that matter). I just can't believe there isn't some sort of contract between the state and whoever administers SCAN (or maybe its each local phone company) that lists what percentage of errors are allowed. But like I told Curt, the state probably doesn't care if not all SCAN calls are recorded because that way the state doesn't have to pay for all those calls.....Curt thought it was pretty insightful that I thought of that. I KNOW the system is flawed because I made all those calls - I just have to find a way to prove the system is flawed.

Punch1
05-04-2010, 05:57 PM
Contact the company that manufactures SCAN system and ask for their manual about the system..somewhere in there could be a "trouble shooting" chapter that might address this situation. Ask the company if they have ever had documented incidents of dropped calls or calls not registering. Maybe talk to a repair tech for the company. Ask DSHS if they required repair or maintenance and if so for what issues. There has to be records of that.

littlelulu
05-04-2010, 07:04 PM
Thanks Punch!!

shorty
05-05-2010, 12:45 AM
If you want the company that handles Scan and Scan Plus, then view this website. I found it yesterday when I was looking for the Scan system in Washington.

http://www.dis.wa.gov/

shorty
05-05-2010, 02:21 PM
I called the EEOC office in Miami to find out the status of my charge. They are still working on cases from 2008. I filed mine in 2010. I guest I got a long wait ahead of me.

77_77
05-05-2010, 03:15 PM
does anyone know who OSHA answers to? who over-sees OSHA? is it the Attorney General? the Dept of Labor? Federal somebody?

msliberated
05-05-2010, 04:42 PM
If I'm correct, OSHA anwers to the Department of Industrial Relations.

littlelulu
05-05-2010, 06:42 PM
Thanks Shorty and I hope you are *very* patient because it really could be a while before the EEOC gets to your complaint..........

msliberated
05-05-2010, 09:44 PM
77_77 Sorry for not completing my post. Had a really bad migraine flare-up!

In CA OSHA answers to DIR director Duncan-I guess and Duncan's boss is CA. Gov. Arnold S.(I'll be back):)

Hope that helps....

shorty
05-05-2010, 10:49 PM
77_77 U.S. OSHA is a division of the U.S.Department of Labor. The U.S. Department of Labor answers to the Vice President. Some States have adopted OSHA regulations through it State Plan and may have different departments enforcing OSHA regulations. You can look at this website to find if your state has state plan. The head of all the state departments is usually the governor of that state.


http://www.osha.gov/html/oshdir.html

77_77
05-06-2010, 03:58 PM
thanks guys for the info - i made a OSHA report & they called & said they were going to investigate the workplace - they did an investigation which they walked around & found a couple of minor things that i reported - BUT they did not investigate the 'immenent danger' that i reported - they talked to a couple of employees - BUT not the employees on my witness list - so i was wondering who i could complain to about it - thanks so much for your posts

littlelulu
05-07-2010, 12:35 AM
I think your local politicians is a good place to start. That and call the regional office for OSHA and file a complaint about the incomplete investigation done.

77_77
05-07-2010, 04:50 PM
i called the OSHA office this morning to talk to the investigator, but he is gone till Monday - i want to hear his side first - some of the employees have given me their 'at home numbers' for the investigator to call - some said if he doesn't call them they are going to call him to report the same stuff - i know my manager did not mention the violation at the investigation, but she is trying to cover it up right after by calling a plumber to see if they can fix the problem - the others have said he never investigated the hazard, & i know for a fact that the managers cover things up immediately - i've watched them do it for over 6 years - & not informing the investigator of a 'possible violation' is their job right? is that considered impeeding or interference with an investigation? or how about the investigator failing or like you said an incomplete investigation to investigate the complained of violation? the other employees are in fear for their jobs due to the fact of saying anything on the company property the managers will know who was talking to the investigator & watching the cameras to see - & WILL retaliate or terminate - they have watched it happen to me - so they are giving me their personal numbers to be reached 'off property' by the investigator to verify my complaint - as many of them were witnesses & involved in the situation - they can't believe he didn't investigate the place named in the complaint or talked to the witnesses named - as well as i - but i hope there is some kind of proof that she called a plumber - also the other employees have started refusing to go do the constant clean up of the hazardous material - i told them i would call the investigator again to find out what happened - i guess i'll find out on Monday & request another investigation be done immediately - these guys are at risk through the skin contact as well as the breathing contact - it was sooo Cool that a lot of these guys know why i was terminated have come to see me at my other job to let me know that they miss me & to NOT give up! they all gave me hugs & are keeping me posted to the things still going on at the job! i asked them if they were mad at me for starting it all & they said 'NO WAY' & gave me hugs, & said they loved me! this was sooo great! so all of you who are fighting might not have that, but KNOW that people are rooting for you & watching to see if you give up! i encourage you not to lose hope & give up! it's a looong battle & sometimes it doesn't turn out the way it should - but you are making a difference in this world & inspiring others to join the battle for change - love you guys & keep up the fight!

shorty
05-07-2010, 09:01 PM
I sent an e-mail to the state complaining that the city was not maintaining the state road. The state forwarded my e-mail with my name on it to the city, not knowing that I work for the city. I got busted and my supervisor was pissed. They couldn't really do much to me because I sent the e-mail on my own time and on my personal computer. If I would have sent the e-mail on the company's computer, I would have been fired. Good Luck 77_77 and try not to get caught.

littlelulu
05-07-2010, 11:32 PM
I wrote a Letter to the Editor of the Spokane paper once about the way the agency was treating clients. I got a *nasty* letter from one of the assistant secretary's at state office. I replied to him that I did the letter on my own time, from my home computer and that I'd like to see the statement I signed when I went to work for the state DENYING me my first ammendment rights to freedom of speech. He couldn't say too much after that.............

77_77
05-08-2010, 12:22 AM
shorty - i don't work there any more, i was terminated - but the other employees are starting to get over their fear & are coming forward to take up where i left it. lulu - i e-mailed the investigator 2 letter with the names of employees who want to come forward & talk to him - i also added that today 1 of them told me that there was now a major leak pumping oil all over the place & that someone from corp in Indiana is supposedly on their way down here. maybe that will light a fire for him to re-visit this site & 'complete' his investigation - pray for the best

casper
05-08-2010, 07:27 PM
Hi Shorty, Many folks have answered you, but I thought I'd add my two cents, since I was in your same shoes for a while wondering when the EEOC would start my investigation. My employer too refused mediation. I filed in late Feb 2009, and finally by early Feb2010 they got to the "investigation" where they just parroted back what my employer (large, wealthy employers w/ good attorneys who know how to answer these things), said and then the EEOC wrote to me "if we don't hear from you within 10 days we're going to dismiss the charge". (They sit on these things for months and then when they want information they give you 10 days from their mailing date). My attorney went back and forth with letters explaining and showing proof of my employers discrepancies (lies), and within a few months the EEOC just dismissed the charge with no reasonining. Basically they just asked for more information on my charge, and then issued the dismissal with right to sue. Their "Investigation" was a few letters written, no questions about my situation, no witnesses interviewed. From their own statistics they only establish "findings" (of cause) in about 3% of the cases they get and only sue in a fraction of those 3% of cases. So your chances of being tossed out the door 11-12 months later are about 97%, regardless of what you drag in. I don't think they ever read the paperwork I brought in, nothing. They even told me from the git go, that they would probably not do much since I earned more than a living wage. Basically I'm middle class so they think we folks can easily afford those $265/attorneys. Yeah, no problem. Really, I don't know why employers even fear the EEOC. But it explains why many do not mediate. They don't care and know their ROI is high if they "do nothing, and know nothing". They don't want to mediate with you, because they might hear something and have to do someting about it. If they don't hear about any wrongdoing, they can act like it never happened, and the EEOC is there to help them. Good luck!

thinker
05-08-2010, 07:56 PM
casper,


I am so sorry to hear what you experienced. It sounds familiar to me. I wish that I can have little luck.


You can appeal EEOC decision in certain days. I would do it if the day comes.

littlelulu
05-08-2010, 08:33 PM
Isn't it RIDICULOUS how the EEOC does NOT seem to be helping ANYONE????? So many members of the forum have TRIED to get help from the EEOC and we really have no success stories. It seems the only thing the EEOC does is issue Right To Sue Letters. Well, couldn't a computer do that without WASTING all that money for the salaries of INCOMPETENT people?? They could probably set it up so they didn't even need input operators. It could all be done with an online complaint form that gives you a message after you have completed the form that says, "Thank you for your submission. You will receive your Right To Sue Letter in approximately 7-10 days".

shorty
05-08-2010, 10:27 PM
I am sorry to hear so many of your cases were dismissed without a "reasonable cause" finding by the EEOC. My EEOC investigator is real nice and helpful. But I found out that she was back log with cases dating back to 2008. I'm almost positive that I will get a "reasonable cause" determination. I just got to wait. Unlike getting fired, I resigned after I was demoted. My record is spotless except for two disciplinary notices. My informal written warning doesn't even have my signiture on it, and the written warning was base off of the informal written warning. My performance evaluations were one of the top ones in my department every year. I never got a bad evaluation.

littlelulu
05-09-2010, 12:47 AM
Shorty, I never received bad evaulation either for 23 years & then I got the young, cute, thin, *perky* supervisor from hell who decided that I had to go after I let another co-worker know that she was having me process her relatives applications which was a HUGE unethical act that broke policies (and should have gotten her fired and NOT me).........As soon as that happened, my once spotless evaulations went from EXCEEDS EXPECTATIONS to does NOT meet expectations and a whole bunch of fabricated info. I'm not trying to upset you, I'm just being realistic........

Punch1
05-09-2010, 03:24 AM
Shorty, my advice...for what it is worth...don't rest on that positive feeling you will get a reasonable cause finding. No matter how busy the investigator appears you have to keep breathing air into your case to keep it alive. Remember the investigator gets new cases all the time and one of the new ones may be a hot potato and move your charge down the ladder rung. Squeaky wheel gets the oil. An investigator can swing swift and high towards another case with a louder wheel.


We should take a poll how many that have filed a charge with the EEOC had a cause finding. Not trying to be a negative Nancy but it would be insightful. My case is still in the "process". At the beginning the investigator was hot on my charge and the cooling effect is a reality of this process.

shorty
05-09-2010, 02:24 PM
My performance evaluations never went down Littlelulu. I resigned with all satisfactory evaluations. The only thing they have on me, when they demoted me, was the two write-ups but another supervisor has more write-ups than me and he was never demoted. Plus what they did to me was not in the city's rules and regulations for discipline. I don't care how long the investigator takes. I am just happy that investigator processed my constructive discharge admending my charge. This way when I sue, I can get all my backpay and frontpay. My original complaint would only limit my backpay til the time I resign. So now if the investigation takes a long time, I will still be able to sue for all that time. The city always wait on a "reasonable cause" finding before they settle. I don't expect this process to change in my case.

littlelulu
05-09-2010, 07:34 PM
Shorty, I would love to see your EEOC complaint be our first *positive* EEOC encounter.

shorty
05-10-2010, 04:08 PM
Littlelulu, My clomplaint started out like everyone else. At first, the EEOC investigator wanted to throw out my intake questionaire without even filing a charge. After argueing for several minutes, we finally came to an agreement on what charge I can file. The investigator threw out everything on my intake questionaire and I came up with a new charge. Now that we have an understanding, I try to narrow my complaint to relavant case law. The investigator doesn't want to read several pages of nonsense. If you read the case laws, the evidence of facts in the case is real short. Some people are trying to tell their life story on their complaint.

littlelulu
05-11-2010, 12:19 AM
I know, some people do get a bit carried away on those forms. And sometimes, even when you stick to the pertinent facts, your complaint STILL gets blown off (and I am talking from experience through the Washington State Human Rights Commission).

thinker
05-17-2010, 09:23 PM
An EEOC investigator told me not to send more documents to her. But I need to add more evidences to my case, what should I do?

shorty
05-17-2010, 11:21 PM
Everything you send to the investigator can be used against you by the employer when you file a lawsuit. You should wait for your employer's Statement of Position with their legitimate nondiscrimatory reason why they fired you. You have to prove that the employer legitimate nondiscriminatory reason is pretext. If you cannot prove the employer's legitimate nondiscriminatory reason is a bunch of lies, then the EEOC will dismiss your charge no matter how much evidence you seem to have.

thinker
05-18-2010, 01:03 AM
They did receive my employer's response to my complains. I guess that is called statement of position. My case is pending now.

littlelulu
05-18-2010, 01:40 AM
Its strange how it seems each investigator works under a different set of rules.......One investigator tells the claimant to send in the additional verification and another says not to. It makes you wonder if the investigator that says not to send it in just doesn't want to do their job and PROCESS the additional paperwork.

shorty
05-18-2010, 02:02 AM
Thinker, The investigator is not going to ask the employer for a new reponse(Statement of Position) because you have new evidence. The investigator will continue with their investigation with the employer's current reponse to your allegation. The EEOC only admend a charge if you have a new discrimination or retaliation claim to file. The EEOC doesn't admend a charge due to new evidence. So if you only file for sex discrimination, then you can admend it to include age discrimination or if you have been retaliated against for filing a charge.

thinker
05-18-2010, 09:50 PM
my concern is if I don't give EEOC all of the incidents to support my allegation, they would dismiss my case.

littlelulu
05-19-2010, 12:05 AM
Thinker, I know the investigator said not to send in it but if it was me, I'd send it anyway so they can't say (down the road) that they NEVER knew about this current issue and DISMISS your complaint.

shorty
07-09-2010, 05:56 PM
I am approaching the 180 deadline since I filed my initial charge. But I also admended my charge to include constructive discharge in May 2010. All my charges has been investigated except for the constructive discharge. I think my EEOC investigation might be coming to an end soon. I'm so happy that I don't have to wait over a year to get the determination.

littlelulu
07-10-2010, 05:12 AM
That would be great if they DID get a determination on your complaint soon because they are usually soooooo slowwwwww......