Thursday, April 26, 2012

How to File a Discrimination Charge with the EEOC

Employment discrimination is still a rampant problem these days. Many applicants and employers are still discriminated against in all aspects of employment, including hiring and termination. Good thing there is one federal agency that is ready to lend a helping hand on discrimination victims by enforcing federal anti-discrimination laws against erring employers. This agency is called the EEOC, or the Equal Employment Opportunity Commission.

A person who believes that his or her rights as an applicant or an employee had been violated may file a discrimination charge with the EEOC. Not only can one person do it; even an organization or an agency can do so. Collective effort in filing a charge may be done on behalf of the victim. This is to help protect his or her identity.

In filing a charge with the EEOC, the person or the group may first fill out an intake questionnaire. Complainants who need accommodation, such as a sign language interpreter, must immediately inform the EEOC so that arrangements can be made accordingly.

In the actual filing of the discrimination charge, the complainant or the complaining party must provide the following information:

·         The complaining party’s name, address, and telephone number
·         The employment agency, respondent employer or employment agency’s name, address, and telephone number
·         The number of employees or union members involved, if there is any
·         The date, location, and a short description of the alleged violation of employment rights

The complainant/s must first file a discrimination charge with the EEOC first before taking on a private lawsuit. This will only apply if the EEOC does not find any violation on the part of the employer.

Strict limits are implemented on the filing of charges. The complainant/s whose employer violated a federal employment law must file a charge within 180 days from the day of the alleged violation. The deadline is extended if the charge is also covered by a state and/or local employment law. For charges related to the Age Discrimination in Employment Act (ADEA), only state laws extend the filing deadline to 300 days.

Wednesday, April 4, 2012

Things to Consider before Filing a Wrongful Termination Lawsuit

It is normal for  a lot of employees to be mad if they got terminated. The first thing that might enter their minds is why it happened, especially if they did not do anything wrong.
It might be a bit of a relief on the part of the former employees to file complaints so as to  alleviate their anger towards the person responsible for their illegal termination.
However, making a claim is not always as easy as it may seem to be. It takes a lot of thinking and analysis on the aspects that may make or break the claim. It is important to understand certain policies that will create a great impact on the result of the incident.
In dealing with illegal termination, former employees have to know about the following so as to deal with the case properly:
  1. It would not make sense to file a complaint at the Equal Employment Opportunity Commission (EEOC) if the applicant has worked for the employer for just a short period of time. Also, if the EEOC believes that the applicant will not have a hard time looking for another job, the complaint will probably not progress.
  2. Getting a great lawyer is not that easy. It would take a lot of time, money, and effort to  find a lawyer who can professionally and successfully handle the case.
  3. Evidence and witnesses are necessary in the litigation process. They are important to prove that wrongful termination took place.  As an advice, contact a top notch lawyer in your place to guarantee that you will get favorable results.
  4. Any accurate reason can be used to prove the employer’s wrongful conduct.
  5. The process of litigation or filling a complaint can be very draining in terms of mental, physical, and emotional aspects.   With this, it is important to go into the legal battle very much prepared.
  6. Filing a wrongful termination lawsuit or complaint can affect the future job hunting of the complainant. It may delay his or her application, as further investigation may be done by the prospective employer.