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Asked over 1 year ago - North Arlington, NJ
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I opened a complaint with EEOC for retaliation & constructive discharge for previous complaints of racial discrimination. I was passed up for 2 promotions I was clearly qualified for and my roles and responsibilities severely diminished. I am having health issues related to this and while I made a formal complaint 2 months ago to EEOC, the investigator does not even return my calls for an update.
In the interim I have been offered a better position at another organization but still would like my case open with EEOC. Does taking the new job hurt my case even if it is a much better position/opportunity paying me considerably more?
My recommendation is to accept the job offer. First, you have a duty to mitigate damages. You cannot simply turn down good job offers so as to increase your "damages" in the EEOC matter. And if you do, you can likely expect your damages to be decreased by the amount you would have received had you acted in good faith and accepted the job offer.
Second, EEOC often takes quite a while to resolve a matter (or, in many cases, simply to issue a right-to-sue letter).
Strike while the iron is hot. Accept the "better position" you have been offered.
Good luck to you.
Agreed, you do have a duty to mitigate. However, be careful if and when you start your cause of action against your previous employer in that they will want to get as much information from your new employer as possible. The purpose of course, is not really to see what your current wages/benefits are but rather to put you in a "bad" light with your current employer.
You should gauge how your potential employer will react to finding out you have such a claim pending.
Herbert Tan, Esq.
E-mail: Herbert@tanlaws.com
Website: www.tanlaws.com
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If you are currently unemployed, taking a new job will not hurt your complaint with the EEOC. Just the opposite. You have a duty to mitigate your damages. While taking a new job may reduce your damages, if you turn down this job your damages will still be reduced and you will also lose out of the income from your new position.
If you are still employed with the organization against which you filed a complaint, it may be in your best interest to take this new job. While you may eventually receive a promotion from your current employer because of your complaint, you will still be working for an organization that has a history of discriminating against you. Furthermore, even when the EEOC is being responsive, you have no guarantee of success with your claim and it can be years before you complaint is resolved. You have to consider what you really want in the long run. Do you want to continue working for your current employer - knowing your history there? Or would prefer to try out an new organization, which may have its own problems?
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