I know this is an administrative proceeding however the other side sumitted a response that is 100% false. Just as one of many many examples. I was issued a notice of determination that I was terminated by my employeer. This was from after the New Jersey Department of Labor and is an offical document. The defendant having full knowlege of this said not only that I quit, which is clear false, but that I gave up, which again is clearly false. Is this considered a Federal investigation and are there penalties for such behavior; lying knowing the opposite statement is true? Who do I complain to. How long to I have to take action? What if I am issued the right to sue but it has nothing to with them lying.
Administrative Law Lawyer
You are going to have to let go of this lying issue. It is just a distraction and it takes you nowhere.
The other side gets to take its position on the facts and the law. The defense gets to tell it the way they see it, and make their contentions based on their understandings, inferences, deductions, memories, conclusions, assumptions, and intentions. You get to disagree and proffer an altogether different version.
Someone -- not the EEOC -- will eventually try to figure out which version is closer to the ever-unknowable "truth." Or, the parties will mutually decide to let the truth-finding mission slide and instead resolve the dispute without bridging that chasm.
In all events, the EEOC does not intend to conduct the kind of searing search for THE TRUTH that you want. Neither will the EEOC do anything about it if the agency is convinced by one party's factual contentions over another. In fact, no agency of any branch of government is going to investigate or consider your contention of perjury, and no penalties are going to be imposed based on the statements made by the defense. If you want to complain, complain to your lawyer -- over a cup of coffee. The usual and regular penalty for obvious lies is that the liar doesn't win the case. But sometimes even that penalty is beyond reach.
You will be issued a right to sue, as soon as you request one or whenever the EEOC gets around to it if you don't request one. It will not even mention lying, nor will it make any findings of credibility or lack thereof.
Sorry; this is the reality of the system.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Employment / Labor Attorney
You should produce the New Jersey Department of Labor notice of determination to the EEOC to counter your employer's claim that you quit. You can also get a transcript of the Department of Labor hearing and produce it, if you think it will be helpful to you. However, even if the EEOC finds in your favor, it is unlikely that it will find that your employer committed perjury. Your employer is entitled to take the position that you quit, even if that is not what happened from your point of view or that of the Department of Labor.
The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship.
Employment / Labor Attorney
Good luck with getting a federal prosecutor
to file perjury charges against your ex-bosses.
Employee "rights" are WAY down on the criminal
food chain chart. NOW . . . if you had lied against
some billionaire's (owner) interests . . . you'd be
hiring one of us AVVO attorneys to defend you
in court. -----Like the lady said . . . give up the
perjury angle. Technically you're right but they've
changed the rules for employees. ----Good luck.
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.