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Does a dismissal with prejudice mean that the incident filed with the EEOC is closed in federal court if...

Atlanta, GA |

...the wrong defendant was chosen on the complaint? I filed a discrimination complaint with the EEOC on a company with many subsidiaries and they gave different company names to the EEOC. We settled the case and I dismissed with prejudice against 1 of the company names. However, they have breached that settlement agreement, and the EEOC has sent me ANOTHER right to sue with the 2nd company name and said that was the CORRECT one to sue.

Can I sue under the 2nd company name given to the EEOC, or did I dismiss the entire claim with the 1st company name? The breached settlement contract says I should sue them in state court. Should I do that as well against the 1st company name?

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Attorney answers 1


I would contact an employment attorney and have him review the settlement agreement and facts of your case. Good luck.