I did not have an attorney during this time. This was a retaliation case. While trying to decide whether or not to sign an EEOC conciliation agreement the EEOC director told me that my case was a weak one even though I had a probable cause finding. He asked me why would I spend $40,0000 on a lawyer when the judge would probadly summarily dismiss my case. He also told me that he needed to get the case closed. Then I signed the agreement. I found out later that I had a winnable retaliation case. I asked for my Right to Sue before the respondent met the terms of the agreement on my behalf. Because he is the director of EEOC and I a lay person, is that undue influence or duress and if so can I still get my Right to sue letter. Will a judge have to decide.
Employment / Labor Attorney
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.
This is a very tough situation, both legally and practically. Generally, adults who are mentally competent are presumed to agree to a document they sign that states their agreement. And courts are so overburdened these days that judges have a lot of incentive to find reasons to keep parties out of court.
Nevertheless, you facts are sympathetic and you may be able to do something about this. An attorney would need far more information before making this call. The Avvo board is not really set up to handle the kind of detailed analysis necessary in your situation. It works best for short, general questions with short, general answers. More importantly, it is not confidential and your employer could be reading every word here.
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 claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
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1 lawyer agrees
Employment / Labor Attorney
I agree with the attorney above. You need to immediately consult with an experienced North Carolina employment attorney. In general, the EEOC will not issue a Notice of Right to Sue if the parties have entered into a valid conciliation agreement. The NRTS is a legal prerequisite for you to file a lawsuit and it you don't have it any lawsuit based on the Charge you filed will be dismissed.
There are many things to consider even if the EEOC is willing to issue a NRTS. Those considerations are complex and need to be fully addressed with an experienced employment attorney before you act.
Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 14 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.