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I received a Dismissal and Notice of Rights from EEOC: they checked off: The EEOC issues the following determination:

Somerset, NJ |

Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge.

at bottom it states: - NOTICE OF SUIT RIGHTS-
Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act.

Does this mean I can sue for ADA? If so, would any employment attorney be willing to take my case?

they also show under ADA: Equal Pay Act (EPA)

Attorney Answers 4

Posted

you should make an appointment with an employment lawyer in nj and you should know that you have rights both under federal law and under state law. if you fail to file a lawsuit within the 90 day framework identified in your right to sue letter then you will not be able to sue under federal law. however, if you were fired, you have two years from the date of your termination to sue under the nj law against discrimination. if you are suing for suffering a hostile environment based on your disability, then you will not want to wait that long. I cannot help you with any analysis of the merits of your case since you have not provided any facts about your employment situation.

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The Notice of Right to Sue means that you have 90 days in which to file a lawsuit based on the allegations in your charge of discrimination. If you don't file within 90 days, then your claim is waived.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.

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In New Jersey, you have to file your complaint within 90 days. You should really sit down with a labor and employment specialist to review your case. You may have a better venue in state court under New Jersey's Law Against Discrimination, however, that must be determined by your lawyer.

Herbert Tan, Esq.
E-mail: Herbert@tanlaws.com
Website: www.tanlaws.com

The Mack Cali Building
One Bridge Plaza North, Suite 275
Fort Lee, New Jersey 07024
(201) 849-4548

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New York, New York 10007
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Member of National Employment Lawyers Association (NELA)

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.

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You received a Notice of Suit Rights meaning you have the right to file a lawsuit in Federal Court for violations of the federal laws pertaining to disability, genetic information and age discrimination in employment, but, you must do so within the 90 days from receipt of the Notice of Suit Rights letter you received from the EEOC.
The Notice of Right To Sue is not a guarantee that you have a viable cause of action, it simply means that the EEOC has cleared you to pursue a claim in federal court if you choose to do so. The EEOC made no determination on the merits of your claim.
There is no way to determine based on the information you supplied whether an employment attorney would be willing to take your case. You may contact an attorney specializing in employment law and civil rights to discuss with that attorney the specific facts of your matter and develop a plan to determine your best course of action from there.
Remember as well, that you may only be able to file a lawsuit in federal court depending on whether you are a federal employee or not. Otherwise you may be permitted to file a lawsuit in State Court which allows for a greater time period within which you may file that action, which is a two (2) years time frame, generally, from the date of the last adverse, or negative employment action against you. In any event, always better to pursue your employment claim sooner rather than later.

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Thank you so much for answering my question.

Michelle J Douglass

Michelle J Douglass

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Best wishes to you.

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