FREQUENTLY ASKED QUESTIONS ABOUT
EMPLOYEE DISCRIMINATION
What is employment discrimination?
What kinds of cases involve employment discrimination?
How do I know whether or not I may have a claim for employment
discrimination?
How does an individual sue for employment discrimination?
Do I need an attorney to file a complaint with the EEOC?
What happens after I file a complaint with the EEOC?
What happens if they find probable cause?
Should I see an attorney before I see the EEOC?
If I file a charge with the EEOC, will my employer be notified?
Can I be fired for filing an EEOC complaint?
What about violations of the American With Disabilities Act
(ADA)?
What can I do if I think I may have a valid claim for employment
discrimination?
What are your fees?
Q. What is employment discrimination?
A. Employment discrimination is the unlawful use of race,
creed, color, or gender to deny an individual either an opportunity to work
or to work under the same conditions as others.
Q. What kinds
of cases involve employment discrimination?
A. Employment discrimination can be based on race (racial
discrimination), sex (gender or sexual orientation discrimination), religious
affiliation (religious discrimination), or age (age discrimination).
Q. How do I know
whether or not I may have a claim for employment discrimination?
A. Employment discrimination claims involve what is called
a prima facie case, which means in order to state a claim for discrimination,
you must be able to prove that (1) you are a member of protected class; (2)
that you were discriminated against in the terms or conditions of your employment;
and (3) that as a result, you suffered damages.
Q. How does an
individual sue for employment discrimination?
A. The first and most important thing necessary in order
to pursue an action for employment discrimination is to file a complaint
with the Equal Employment Opportunity Commission (EEOC).
Q. Do I need
an attorney to file a complaint with the EEOC?
A. No, you do not need an attorney to file a complaint
with the EEOC. Simply calling the EEOC will put you in contact with individuals
who can give you all the information necessary in order to file a complaint
with the EEOC.
Q. What happens
after I file a complaint with the EEOC?
A. The EEOC will investigate your complaint and will either
make a determination of no probable cause (which means that the EEOC has
not found any evidence which would support your claim of employment discrimination)
or probable cause (which would indicate that they had found evidence of employment
discrimination). A finding of no probable cause does not mean that the issue
is dead. Once the EEOC has made a decision with respect to probable cause,
they will issue a right to sue letter. Even if the EEOC does not find probable
cause that a violation has occurred, an individual may still contact us to
bring an action for employment discrimination.
Q. What happens
if they find probable cause?
A. When the EEOC finds probable cause, they either prosecute
the action in your name for you or will issue a right to sue letter and finding
of probable cause which can be used to prosecute the action against the employer.
Q. Should I see
an attorney before I see the EEOC?
A. Although it is not necessary to us before you contact
the EEOC, sometimes it is a good idea. We can provide you with the outline
of the information that the EEOC will request in order to evaluate your claim.
We can also tell you in more specific terms what law applies to your particular
fact situation and assist you in making a determination whether or not to
file a charge with the EEOC.
Q. If I file a
charge with the EEOC, will my employer be notified?
A. Yes. As part of its job, the EEOC investigates your
complaint. It cannot do this without contacting your employer and relating
your version of the facts to your employer. Thus, anything that is said to
the EEOC will ultimately be said to your employer.
Q. Can I be fired
for filing an EEOC complaint?
A. Technically, no. Factually, yes. An individual can be
fired for any reason or for no reason as long as there is not an illegal
reason for their termination. Put another way, while the law prohibits an
employer for firing an individual for making a charge with the EEOC, nothing
prohibits an employer for firing someone for being two minutes late to work.
Therefore, while the Act does provide for certain protection, there are still
numerous ways that an employer can get around the impact of the discrimination
laws.
Q. What about
violations of the American With Disabilities Act (ADA)?
A. Violations of the ADA are also investigated by the EEOC
and should be reported to them also.
Q. What can I
do if I think I may have a valid claim for employment discrimination?
A. Feel free to contact us. We have represented individuals
who have employment discrimination cases pending and we can provide guidance
and assistance in helping you evaluate whether or not you have an actual
claim for employment discrimination. We can also help you in contacting the
EEOC and getting a complaint made through that office.
A. Balkin & Eisbrouch handle all cases on what is called a contingency fee. This means that no fees or costs are charged unless we collect money damages for you. We advance all costs for investigators, court reporters, expert witness testimony, accident reconstructionists, filing fees and any other expenses related to your case. All of the consultations with our office are absolutely free. When you recieve compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work on your case and is generally between 20% and 40%. The percentage depends on the complexity and type of case.
No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
