Top Reasons to Hire an Attorney to Handle Your Charge of Discrimination

Benefits of Hiring an Attorney to Handle EEOC/TWC Charges

One of the most critical steps for handling a discrimination claim is filing complaint with the Equal Employment Opportunity Commission (EEOC) and/or the Texas Workforce Commission (TWC).  These agencies handle claims about discrimination, including discrimination based on religion, gender, race, national origin, age, pregnancy, and disability.  If you don’t timely file a complaint, you lose your right to later sue your employer.  Failing to properly assert claims can also mean that you lose your rights to pursue them.  You don’t need an attorney to file a complaint, and the EEOC and TWC have people who can help you prepare your complaint, called a Charge of Discrimination. But hiring an attorney can lead to better results and provide peace of mind.

Claims Aren’t Easy to Present Properly

The complaint you file sets the course for your claims.  If you fail to properly include relevant facts or claims in your charge, you waive them.  If you fail to properly identify the companies that are discriminating against you, you can waive your right to sue them later.  After facing discrimination or retaliation, it can be hard to view the facts with a clear head.  It’s easy to turn a charge into a list of grievances that aren’t necessarily relevant to the claims.  Oversharing can negatively impact a case.  You can also write yourself into traps and inconsistencies.    An attorney can help identify the proper parties and ensure that the complaint is drafted to preserve your best claims.

Mediation Can Be a Challenge

The EEOC and TWC offer voluntary mediation as a way to try to resolve discrimination claims.  Persuasively presenting your claims to your employer is critical for moving towards a resolution.  An attorney can provide sound legal arguments that tie your facts to established legal principles.  This type of argument is much more effective than simply rehashing the facts without any authority.  An attorney can also provide you with information to make realistic settlement demands.  Did you know that there are damages caps that apply to these cases?  If your employer only has between 15-100, your damages (excluding wages) are limited to $50,000 in many types of cases (different types of claims have different rules on what is recoverable).  If you show up demanding $1 million when the chances of ever being entitled to that amount are next to none, you likely won’t make any progress towards a resolution.  Being reasonable about what you need to resolve the case can help bring an earlier resolution.

You May Be Asked to Respond to Complicated Legal Arguments

The EEOC and TWC may require employers to respond to a charge with what’s called a Position Statement.  Typically, companies have attorneys draft these statements.  The Position Statement lays out legal arguments as to why your employer does not believe that you have valid claims.  Oftentimes, Position Statements include highly technical arguments that can be difficult even for the average attorney to understand.  The EEOC will ask you to submit what’s called a Rebuttal.  The Rebuttal is your opportunity to explain why your employer is wrong.  How you respond can greatly impact whether the investigation moves forward or ends.  Although the EEOC and the TWC close most investigations, submitting a poorly written Rebuttal can negatively affect litigation.  A knowledgeable attorney can determine the response strategy and, importantly, begin developing a strategy for how to address the employer’s claims with the expectation that the claims will need to be litigated.

You Have Responsibilities Outside of the Administrative Process

Did you know that how you handle a job loss is just as important as what happened to you while working?  If you lost your job, you have a responsibility to try to limit your damages.  This usually means that you need to actively search for jobs and find new employment.  How you handle the aftermath greatly affects any potential claims.  An attorney can guide you through this process.

The Administrative Process Sets the Tone for Litigation

You should view the EEOC/TWC processes as preparing for a lawsuit.  Not all cases settle during the administrative process and most of the time the EEOC/TWC issue right-to-sue letters.  How you handle the process sets the tone for litigation.  Any claims you didn’t properly assert are gone.  You can’t sue a party you didn’t name.  If the other side doesn’t think you know what you’re doing, they probably won’t take the claims seriously.  Once you receive your right-to-sue letter you have only a short time to find an attorney (60 days if issued by the TWC and 90 if issued by the EEOC).  How you handled the administrative process can greatly influence whether an attorney is willing to take the claims to court.  An attorney involved with the process will have a better understanding of the strengths and weaknesses of your claims and may be more equipped to pursue litigation.

I’ve handled cases from submitting the charge of discrimination all the way through litigation.  I know how to set the tone for a legitimate claim.  I can help you through the EEOC/TWC process and take some of the stress from you.  If you’re not sure whether to file a claim with the EEOC or TWC or aren’t sure about your options, reach out to me today.  Complete the contact form to get in touch and schedule an initial consultation.