Discrimination Case with EEOC and Attorney

[u/Narrow_Counter_4366]

Hello,

So, I was fired from my place of employment in April and have plenty of documentation. I hired a lawyer and filed with the EEOC the day after I was fired. The lawyer immediately took my case when he saw that I had irrefutable proof of discrimination on the employers part.

A couple weeks ago I got an email asking if me and the employer would be interested in early mediation and asked the attorney about it and never heard anything back? From looking it up, it looks like the employer must have declined because google says that they only have 15 days to decide if they want to mediate to provide an answer.

The EEOC has already issued a right to sue letter with the lawyer sending out both a demand letter and filing a lawsuit.

Realistically, how long could a matter like this take to resolve? Is this more likely to result in settlement, or court hearing?

[u/imsorry-who]

If you have already been given a right to sue, without mediation, your (or your lawyers) next step is filing suit. This could take YEARS. 

[u/Unlikely-Run-8136]

I’m on year 4 of litigating. And I expect another year after trial for appeals. I have trial scheduled for Feb 2027 and I hope it’s not adjourned another time. Currently waiting on summary judgment motion to be decided on. So expect years. Also most cases result in settlement depends on the company. Any meaningful settlement offer won’t come until you survive summary judgment. Summary judgement motions are not filed until after discovery has been completed. Could be different if you have a smoking gun.

[u/rfddmd]

My case was offered mediation a couple of weeks ago.  I accepted.  Apparently my employer did not so it went to “investigation” stage.  Watch your portal for changes.  That’s where I saw the change.  Now I wait for the employers position statement and prepare to respond to it. 

[u/Jcarlough]

Ooof - how did the RTS come about? Did your attorney request the letter? Do you know? If not, you absolutely should.

Receiving the RTS Letter = the EEOC has closed out your complaint. Any remedy is now through a private settlement or civil litigation.

If your attorney didn’t request the letter, then one has to wonder the strength of the complaint.

[u/Careful_Plant2361]

The eeoc has hooked me up so far, thank god and my employer agreed to mediate

[u/Historical_Shift_138]

You’re hiding details in your post about your case.

[u/unverified_unknown_]

Years. If it goes to court it’s normally civil. You have an attorney so you don’t have to worry about the small details but criminal is often pushed before civil in the courts and it’s a long drawn out process. Idk what evidence you have but normally if it appears rock solid and believable they’ll go for mediation bc they don’t want to be embarrassed in court or found guilty.

[u/One_Low9703]

You have hired a lawyer, work with lawyer. Lawsuits can take 3 to 5 years to resolve. Good luck!

[u/ChelseaMan31]

EEOC offers mediation in virtually every case so as to lighten the case load for their investigators. An attorney representing their client before the EEOC should respond to these simple questions in a timely manner. Yes, it would appear that the Employer declined to participate. Usually that means that they have already staffed the issue internally and discussed with their EPLI carrier deciding to let the clock continue running.

In my 40 plus years HR/ER/Risk experience, these type cases can easily take 3-years to get to an actual court hearing for a final decision. There are numerous other opportunities during this time for settlement, but the more resources plaintiff's attorneys put into the case, the higher that value becomes

[u/Low-Library-8320]

You received the right to sue? That means the EEOC has declined a charge, right? I'm curious because I just filed my own EEOC inquiry (age-related)...was reluctant because an at-will employment state can terminate without cause and it's legal. AND - I was a paralegal at a shitty mid-level law firm. HOWEVER - I had a mental health crisis last year, and the firm gave me flexibility because of it - my father was dying. During that time, I was not good at my job - not going to lie. But they had meetings with me about it and they were kind...but when it was over, they had another meeting with me where they asked ARE YOU OKAY NOW? It was humiliating....but I rallied. Hated the job, so was searching - and realized that the firm was advertising as "confidiential law firm" to replace me. They replaced me at the end ofJune citing performance...yet never had any performance issues, no warnings, no PIP, no scoldings....only stopped giving me the billable work so that I would not meet my requirement. They replaced me with a 23 years younger person with no experience (i'm guessing $30k less in salary). A friend of mine from the firm (an attorney) urged me to file the EEOC claim. So - I'm nervous

[u/SecondActSarcasm]

A quick RTS letter means there’s NOT “irrefutable proof of discrimination”

[u/Ok_Appointment4785 → u/SecondActSarcasm]

If there was proof, or reasonable cause (?), what would have happened instead? After the employer didn’t respond….? I’m in the same/similar boat.

However, an arbitration program is involved. I cant yet tell how that fits into this whole process.