Help! I Received a 90-day Right to Sue Notice!
November 9, 2022 | Salo Law LLC
Whether you’ve received a 90-day Right to Sue notice from the Equal Employment Opportunity Commission (EEOC) or the Oregon Bureau of Labor & Industries (BOLI), here are a few things to keep in mind as you move forward.
If You’ve Received a Dismissal for Lack of Evidence and a Right-to-Sue Notice, Know This is Typical.
A “Right to Sue” notice is issued when the EEOC or BOLI cannot determine whether the employer discriminated or retaliated against an employee. Know that this does not necessarily mean a claim has no merit. Both EEOC and BOLI investigators often have heavy caseloads and lack the staffing and time to thoroughly investigate charges of discrimination. Additionally, the investigators must be neutral, which poses difficulties for employees when much of the facts are the “he said, she said” variety. Therefore, if you have received a dismissal and 90-day Right to Sue, know that this does not automatically mean your case has no merit or that no employment attorney would work with you. It only means your administrative case is dismissed and you have a strict deadline to file and prosecute your employment claims in court.
If You’ve Received a Cause Determination from the EEOC or a Substantial Evidence Finding from BOLI, Your Case is Not Yet Over.
If the EEOC or BOLI issues a discrimination determination, this means they found probable cause or substantial evidence the employee was discriminated or retaliated against. Know that this does not mean the employee is automatically entitled to money or that they will later prevail at trial. However, an EEOC Cause Determination or a BOLI Substantial Evidence Finding is indeed very helpful. For example, an employer may be more willing to settle the claim or engage in a mediation.
Pay Close Attention to the 90-Day Deadline.
If you have received a 90-day Right to Sue Notice from the EEOC or BOLI, you need to stay mindful of the deadline. If an employee does not file a lawsuit by the 90-day deadline, they are forever barred from pursuing their claims.
Consult with an Employment Lawyer Early.
While it’s beneficial to consult with a lawyer before an EEOC or BOLI charge is filed or dismissed, quickly consulting with a lawyer after receipt of a 90-day Right to Sue can help you find an attorney willing to take your case. It can take weeks to find an attorney that will both take your case and that is the right fit for you to work with long-term.
Additionally, hiring an employment lawyer early in your 90-day period can give the attorney time to prepare a settlement demand and discuss settlement with the employer’s counsel before a lawsuit is filed.
You Can File a Lawsuit on Your Own.
It’s generally preferable to retain an attorney to file and prosecute your employment claims, but if you cannot find one by your deadline or if you want to pursue your claims on your own, you can do so. Whether you file in state or federal court, you are highly encouraged to become acquainted with the civil procedure rules and laws for the court you intend to file in.
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If you received a Right to Sue Notice and are unsure about what steps to take, it is best to contact an Oregon employment discrimination lawyer. Salo Law LLC serves employees all throughout Oregon. You may contact Alina M. Salo at (503) 208-6716 or alina@salolawoffice.com.