Have you experienced wrongful termination, workplace discrimination, ADA/ADAAA violations, whistleblower retaliation, or other employment issues? We specialize in guiding clients through the administrative and legal process of filing a complaint against an employer.
- At our initial consultation, we will determine if your employer is a private or government entity and determine no conflict of interest exists that would prevent us from taking the case.
- In many instances, you will need to begin with an administrative filing through either the Texas Workforce Commission (TWC) at the state level, or the Equal Employment Opportunity Commission (EEOC) at the federal level.
- We will help you determine whether to file with the EEOC or TWC. This will depend on a variety of factors, including the statute of limitations. For the TWC, the statute of limitations is 180 days. For the EEOC, it is 300 days. You can only file with ONE of these commissions.
- Once you’ve filed with the EEOC or the TWC, the commission will conduct a cursory investigation, which may or may not include speaking directly to you or your employer. This will take anywhere from two to eight months.
- During the investigation phase, you may have the opportunity for mediation – a neutral party from the commission will meet with both you and your employer and attempt to come to a fair and equitable solution to the issue. However, mediation must be chosen by both parties. If one of you wants to go to mediation and the other doesn’t, there will be no mediation.
- After the investigation, if the commission determines you have grounds for discrimination, they will issue you a “right to sue” letter. You may now file a lawsuit against your former employer. You have only 90 days to initiate this lawsuit, or you will lose the right to do so indefinitely.
WHAT DOES IT COST DO FILE A COMPLAINT?
It’s free to file with the TWC or the EEOC.
WHAT IF I WORK FOR A FEDERAL AGENCY?
Federal employees must start the administrative process with their agency’s own EEO office. They will not follow the procedure described above.
COULD MY EMPLOYER BE EXPEMPT FROM TITLE VII?
Small businesses, defined as those that employ less than 15 people, are exempt from Title VII violations.
DO I NEED AN ATTORNEY TO FILE THE ADMINISTRATIVE PAPERWORK?
We would recommend it – for a few reasons:
A complaint filed with the help of a lawyer familiar with the language and requirements of employment law is more likely to be accepted by the commission.
If you enter mediation, it’s important that you have a strong negotiator who will argue on your behalf.
You may be eligible for unemployment benefits or unpaid wages – we can help you retrieve those funds.
Lastly, if you do decide to file a lawsuit, you only have 90 days to do so – and those 90 days will go by quickly. It’s better to have already retained a lawyer ahead of time who is up to speed on your case and ready to go to court.