Hello, it's been a month over the 180 days since I filed my EEOC case. The case status shows as 'Investigation'.
a) Should I request an update from EEOC Investigator? b) Request the Right To Sue letter since 180 days have passed? c) Wait for EEOC to complete investigation? Thank you!
There is no reason to rush things. EEOC investigations are not very quick and if you filed the complaint a month ago, likely not much as been done. First, after you filed the complaint, you likely had to have an interview with the EEOC. Then they have to write to the employer and get its response which takes time...it takes longer than a month for that to occur. You can absolutely ask for an update...you can do it multiple times, but you should not do so in such a way to slow the investigators down from the many cases they have.
As opposed to asking for the right to sue letter which triggers the 90 day window to file a lawsuit in federal court, you should go ahead and get an attorney on retainer to help advise you. I do not recommend attempting an employment lawsuit pro se.
As a practical matter, I heard the EEOC offices were essentially not working on anything during the government shutdown as well. They were one of the agencies affected.
Given that the EEOC was shut down for 34 days during the recent government shutdown, I would give it a while longer. My understanding is that the average time to process a claim is 200 days. Which means if you subtract the days that no EEOC employees were working in Dec / Jan, you are just under 200 days. Then keep in mind, the 200 is an average, meaning that it reflects a good deal of variation. There are some claims that are probably processed in well under the 180 days and some claims that take as long as 10 months. Depends on the complexity, among other things. Instead of contacting the eeoc in the next month, you should be talking to employment lawyers about your case and getting their opinions on the merits of the case. Getting a right to sue letter is no prize. It means that you "get to" go to federal court, which is an expensive and complicated place to go. Get some opinions on risk versus benefit.
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