On June 30, 2011, as stated by the County, I was laid off “due to budgetary constraints”. I believe I have been discriminated against in violation of the Americans with Disabilities Act of 1990, and I believe I have been retaliated against for engaging in protected activities.On July 17 2012, I filed charges with the EEOC and requested cross filing with the State or local Agency, if any. Since my initial filing the County opted out of mediation and my case was assigned to the investigator who did my original intake. I have regularly checked on the status of my charge. The only movement on my case was when it was reassigned to the current investigator which was about two yrs ago, on june 16th, 2014 the investigator informed me that the County had responded to some of the claims made by me and that the EEOC is done with the "investigation" based on the response. After hearing the rebuttal by the County, the supposed justification to no longer move forward by the EEOC, I shared that they were absolutely unfounded statements and I could provide proof to show that the statements being made were not the truth. I was permitted to submit those.
If you have as strong of a case as you believe you do, you should not have difficulty finding an attorney who will take your case. But you have to take the initiative and contact employment law attorneys with experience suing public entities. Not all employment lawyers do, so that should be your first question. Contact as many lawyers as possible because you are likely to get different opinions. Make sure your evidence is organized and you have a timeline prepared. That will increase the likelihood than an attorney will consider your case. Good luck to you.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
You have many issues that might preclude you from having any kind of a meritorious case.
First, you say you were terminated in June 2011 but did not file a claim with the EEOC until July, over a year later. If this is the correct timeline, you were untimely in your filing of the administrative complaint and will be precluded from bringing a lawsuit under both the ADA and the California FEHA. However, more needs to be known about the specifics here before an attorney can tell you for sure if you have lost your right to proceed or not.
Second, your post is unclear about another major issue. If the EEOC, when it informed you it was done with its investigation, did so in what we call a right to sue letter, and more than a year has passed since receiving that right to sue letter, you have missed the ability to file any kind of lawsuit arising out of your claim of disability discrimination. If you intend to proceed with a claim for violation of California's FEHA you needed to file a lawsuit within one year of receiving the right to sue letter. You had less time to file a suit under the ADA. Again, it is really important that you consult with an attorney immediately about this issue.
If you missed either of the above deadlines, you may be completely foreclosed from bringing a claim at this point. Even a wrongful termination in violation of public policy claim expired two years after the alleged wrongful termination.
For your peace of mind, it would be very important for you to consult with an attorney with whom you can share the specifics of this information and get specific reliable advice. Do not rely on short answers given from limited information on a public internet site like this to govern how you should proceed.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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