Can I sue my employer for giving false information to the EEOC during my discrimination claim?

Asked over 2 years ago - Miami, FL

I filed a claim with the Florida Commission on Human Relations (Florida's version of the EEOC) against my employer for terminating me for discriminatory reasons. My employer provided documents to the FCHR during their investigation that showed I was fired for performance reasons and this resulted in a "no cause" determination. In a deposition later, well past the appeal period, management admitted that the documents they provided to the FCHR were false. Under oath they admitted to the performance documents were fake.

Can I sue my employer for this? For what?

Attorney answers (3)

  1. Stuart M. Address

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . You mention a "no cause" and then a deposition. It is unclear, but I assume you filed suit anyway and proceeded to discovery where the deposition was conducted.

    Certainly, if they now admit they provided false information you can refer it to the State Attorney's Office and see if they want to prosecute. However, typically what is provided to the EEOC is not under oath by the employer so it would not be perjury. You may be able to impeach the employer's credibility at trial by showing the admission in the deposition of having provided false information to the FCHR, especially if they try to offer the "no cause" into evidence. Also, you may be able to use the false information as a basis for asserting a retaliation claim.

    Is there any reason you filed only with the FCHR and not both the FCHR and EEOC. THe remedies for discrimination under both the Florida and federal statutes are a little different and most charges are dual filed and suits assert causes of action under both the Florida Civil Rights Act and Title VII of the federal Civil Rights Act.

  2. Marilynn Mika Spencer

    Contributor Level 20

    2

    Lawyers agree

    Answered . I am a California attorney and not eligible to give legal advice in your state. The following is information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. However, you should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.

    If you are engaging in depositions, you must be pursuing litigation in court. You should have an attorney! Employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  3. George Ellis Corson IV

    Pro

    Contributor Level 20

    Answered . There are always more facts than listed, and they are almost always spun to create the strongest initial case. You should show the Deposition transcript and false documents to the Attorney you have, or the one that you SHOULD have in 7-14 days. She can guide you more efficiently on the actual language, potential violations, and potential remedy.

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