My ex-employer canceled EEOC mediation and I want to sue now. Is it too soon to file a lawsuit?

My ex-employer agreed to mediation with the EEOC when I filed my charge in Oct 2012 for age discrimination. We had a mediation date for May 2013 but he canceled. I looked on EEOC site and it says I must wait 60 days to file lawsuit and I don't have to wait for investigation or right to sue letter. . It's been over 180 days since I filed claim! Does the time start when I file or when the investigation starts? It doesn't seem fair since he used mediation to stall.

College Park, GA -

Attorney Answers (3)

Thomas Richelo

Thomas Richelo

Construction / Development Lawyer - Atlanta, GA
Answered

I know some very qualified attorneys in Atlanta who practice employment law, including discrimination matters. Contact me and I can make a referral. You need to move quickly when time deadlines are your concern.

Amanda Amy Farahany

Amanda Amy Farahany

Employment / Labor Attorney - Atlanta, GA
Answered

You can file suit now, but it may not be the best timing if you can get the EEOC interested in investigating the case. You should speak with your attorney to determine the best strategy.

David C. Holmes

David C. Holmes

Employment / Labor Attorney - Houston, TX
Answered

Under the Age Discrimination in Employment Act, it is 60 days from the filing of the charge of discrimination with the EEOC.

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