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Can I sue the EEOC for mishandling my case? I was wrongfully terminated from my employer Aug. 2010.

Thibodaux, LA |

I was written up for a job responsbility that was not minds. When I chanllenged the write up. The supervisor retailated and fired me. The EEOC handled my case with little contact. I would call and months would pass before I would recieve a phone call. Then they sent me alittle for a right to sue. I need a copy of my paperwork to review and bring to a lawyer for my case. I sent a request in Jan. I called two weeks later to find out was the paperwork mailed because I was moving and I wanted to give them the new address. My investigator told me NO. She said she was not the person to handled this and it shoud be sent to another department. I sent another request, needled less to say I never received that copy either. The last day to file in Civil Cout was March 28,2012. Never rc paper

Attorney Answers 1


There is a principle of law called "sovereign immunity" that says you can't sue the government unless the government consents to be sued. I know of no principle of law that would permit you to sue the EEOC. I also seem to recall that the nonissuance of a right-to-sue letter after a certain length of time creates a circumstance where one is deemed to have the right to sue and to have exhausted admiistrative remedies. I don't think one has to have the letter in hand, and one certainly doesn't have to have the EEOC papers in hand to hire a lawyer to file suit against employer to preserve the claim.

Not legal advice, just my two cents. I don't practice law in Louisiana or hold licensure there. If you need legal advice, please consult a lawyer who does.

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