Any EEOC lawyers out there?

[Doc]

I am a bit confused by the process. As some may know, I was let go of my job last year, the day before a much younger and less experienced vet started. This was done by the corporation I sold my business to 6 years ago (I continued to work for them). The reason? I was retiring (unbeknownst to me)

Initially I contacted several lawyers who were not interested because I had not filed with EEOC. Well recently I received my "right to sue". My assumption is eeoc contacts my former employer for their side of the story. Is that correct? And should I now restart my search for representation? Will the fact I a) left my old job before the end of my contract ( I was given 90 days notice per my contract but their work conditions were not acceptable for that 90 days as I was working 1 day a week and paid on production basis ) have an effect and b) I found a job that pays better albeit a considerable distance from my home (I have a 15 mile noncompete) be considered?

Any other thoughts or considerations?

[KSRBEvans]

Sorry Doc, I'm not an employment lawyer. Hopefully someone else here can point you in the right direction.

[Darrell KSR]

Doc, I teach it as part of my employment law section of my business law course, but I have also had some experience, albeit limited, on both the plaintiff and defendant side. Generally, subject to some state differences that affect these time deadlines, the process involves first filing a charge of discrimination with the EEOC. That charge of discrimination must be filed within 180 days of the last discriminatory act. When the EEOC receives the charge of discrimination, they "investigate" the charge, generally by providing the employer with an opportunity to respond. In a very, very, very small percentage of cases, the EEOC will decide to take the case themselves and prosecute it on behalf of the employee.

In most cases, however, they do not do so, but instead issued a "Right to Sue" letter. The Right to Sue Letter (which is not a determination of the merits of your matter) is a triggering event that requires a lawsuit to be filed in federal court within 90 days of receipt of the Right to Sue letter. Technically, the 90 day deadline is from your receipt of the Right to Sue letter; however, out of an abundance of caution, most lawyers who represent the employee tried to file within 90 days of the date of the letter. There is some case law that presumes a 3 day mailing, but I would not rely on that either.

All of what I just said is more or less academic (literally and figuratively) as it relates to your matter. Absolutely you should seek representation at this point, and the sooner, the better. My recommendation would be not to go to a personal-injury type firm, but seek an employment law specific attorney or firm that handles this kind of work. Personal injury lawyers won't have a clue how to prosecute this matter on your behalf. General business lawyers might be a little better, but there are plenty of employment law specific attorneys who would be able to do a good job for you.

EDIT-- as to the substantive portions/questions you ask, those are better addressed with the attorney that may be representing you. Those are very fact-specific questions and the devil is in the details on those, and often turn on very specific items that cannot be capsulized in a post. For example, although you left early, your lawyer might be able to argue a constructive discharge due to the conditions, factors, or other issues that relate to facts that you have summarized but not completely detailed in your post above. Case law that may be similar factually to your specific facts could impact anyone's answer. Accordingly, I typically avoid specific answers on things like that because there is far too great of a chance of be missing something.

2nd EDIT -- not that it is needed for Doc, who I know personally, but in case anybody else is peeking in. This is the disclaimer I always give on sites like Avvo.com when I voluntarily answer some question:

The information is for general information and education purposes only. Please contact your attorney for advice on your specific legal problems. No attorney-client relationship is established through this question and answer/website, and any information you choose to furnish is not subject to any protection by the attorney-client privilege.

[Doc]

Thanks.

I have the right to sue in hand. Recieved yesterday. Will contact a lawyer today to set up a consultation, as that sounds like the next logical step.

[MickintheHam]

Go kick their butts, Doc. Those non-compete clauses are punitive!

[Doc]

Go kick their butts, Doc. Those non-compete clauses are punitive!

Already went there. 15 miles, 2 yrs is right at limit of non enforceable since I was practice owner

[VirginiaCat]

Already went there. 15 miles, 2 yrs is right at limit of non enforceable since I was practice owner

Not sure about Vets but I can tell you in behavioral health there are not more non-competes. Courts tore them up.