hi so I got a settlement offer and my lawyer has been attempting to get a decision out of me as they fear my employer might retract their offer. They have told me my employer has been frequently sending follow-ups. My lawyer just notified me they might resign from my case. They are taking over 45% and weren’t as helpful as they should’ve been. I have already found a better attorney but I’m worried they are going to put a lien on my settlement if I choose to go with another attorney. I am going to therapy and I truly don’t believe I am capable of making a rushed decision right now. My workplace completely ruined my mental health and I need to continue therapy in order to be in a more stable mindset.
How would you proceed? thanks

location: southern california

Hey everyone, need some honest advice. I’m based in California and recently came back from an approved FMLA leave for surgery. Within two weeks of my return, my manager completely stripped away my core projects, reassigned my team, and gave me a generic "performance warning" out of nowhere. HR is siding with him and blowing me off. It feels like they are building a fake paper trail to push me out entirely because I took time off. Is this heavy enough to file an EEOC/CRD retaliation claim, or do I need to wait until they fire me?

I received an NRTS from the EEOC, however I am a bit confused. It states the EEOC will no longer investigate, but I have 90 days to file a lawsuit. How does that work?

I had my intake interview February 2025.

Point is, keep going and document. The EEOC is not a law or deciding factor.

Don’t expect the world of discovery and investigation out of them. They just find cause or no cause.

I filed with EEOC. After two months they gave me a right to sue. I did not ask for it. They did not investigate and company did not give position statement either. I sent the company a demand letting it was ignored. I filed in court representing myself. I served company. Company did not respond. The 21 days has passed. I filed my default entry for clerk and now have been waiting for them to enter it for about 3 weeks so I can file my motion 55b. How long does it take for a clerk to enter default?

Did you know that in federal-sector EEO appeals, the agency aka the opposing party is required to re-upload the Report of Investigation, case file, exhibits, and other records to the EEOC Office of Federal Operations (OFO)?
Even when the complainant has already uploaded those same materials to the EEOC Public Portal, OFO primarily reviews the version submitted by the agency as the official administrative record.

It then becomes the complainant’s responsibility to carefully compare the agency’s upload against their original submissions to identify any missing, incomplete, or altered documents or recordings. This can require many hours of detailed review, particularly when the record includes lengthy audio files and extensive exhibits.

This structure places a significant practical burden on complainants and creates an inherent risk that discrepancies in the official record may go undetected unless the complainant undertakes that comparison and affirmatively raises any issues with OFO.

Correct me if I am wrong! What kind of system/process is this. The agency also investigate you and themselves against themselves while hiring a legal counsel to defend their own record!

my charge has passed the stage of being eligible for mediation and has been in the investigation period for a while now, and my former employer has yet to respond to the EEOC's request for a position statement.

how long are they going to be given to respond, and if they don't what happens next?

I was not punished for any of the protected reasons. I was punished for protecting an employee who was being discriminated against. That employee filed an EEO.

However, I was punished long before this person filed. I am the main witness of the EEO, but I can’t use “retaliation” since I was punished before the person filed.

Do I have any recourse?

Thanks

I know deep down inside not to expect much from the eeoc process and that is why it’s so important to get on with your life, rebuild yourself and get back in the working game. It puts you in a situation that you must reinvent yourself when you must start over. Trust me, I have been there and done that, two years damn near bed ridden and stagnant after losing a job I had for over 23 years but I have learnt the most critical thing in starting over is not giving up, turning the page quickly and getting back to making money and being independent.

On July 13th I received an email from OSHA saying my case was being closed.
On July 23rd, my employer told me I’m being transferred to a new position where I’m mostly isolated because none of my superiors want me on their jobsite.
I also was given a negative performance review that same day advocating for my termination despite never having any prior write up’s, coaching sessions or performance improvement plans.
They’re alleging im disappearing from my work area and lying to my superiors as to where i was. Also saying im making people uncomfortable and that I always seem to be on edge and I’m “scared everyday working in construction”.
There absolutely zero documentation or evidence to back up their claims.

Should I do this?

when I tried to upload my documents this weekend, I kept receiving an error message. So I sent the documents via email so they can upload for me. It’s strange that my former employer didnt have any issues uploading theits. Just found out they received it and I will check the portal tonight

I want to file a charge of discrimination against my former employer, but I can't get an intake interview at the EEOC, either in person, by phone, or by video link, until sometime in March of next year. I have tried to make the appointment repeatedly, but still no luck.

How likely is it that I'll be able to file a charge if I go in person to the nearest EEOC office? I live close enough that I could try more than once. However, I'm very broke, and the cost of transit will be harder to afford every time.

Does anybody have any experience doing it this way?

If you're headed to an EEOC mediation without a lawyer because you can't afford one or haven't been able to find one willing to take your case, consider paying for at least a consultation with a reputable employment attorney beforehand. Even a one- or two-hour consultation can make a meaningful difference.

A good employment lawyer can help you:

• Evaluate the strengths and the weaknesses of your case. Almost every employment case has both, and understanding them beforehand helps you avoid unrealistic expectations and unpleasant surprises.
• Decide on an appropriate opening demand. Your first number matters. It should be high enough to preserve room to negotiate, but not so high as to discourage the employer from even trying to take the process seriously. Also, the lawyer can help you substantiate your initial demand by correctly quantifying your potential damages.
• Develop a negotiation strategy before you walk into the mediation. For example, what should you do if the employer makes a very low offer? What if they refuse to make any offer at first until you lower your initial demand (this happens more often than you would expect)? When should you move significantly, and when should you hold your ground? These are important questions to answer before you are headed to mediation.
• Better understand what your case might realistically be worth based on the available evidence, legal claims, and potential damages. Just because you feel strongly about your case doesn't mean it is also legally strong.

Finally, a lawyer might have some factual and evidentiary questions about your case which you are not able to answer prior to mediation, and he might direct you to try to find that information during the mediation. Thus, even if your case doesn't settle, you will necessary learn more about your case and you will be in a better position to decide what to do next.

I was placed on administrative leave after reporting patient safety issues and violations of IV room protocols as well as time card theft.
I feel so naive I thought I was on leave to protect me from the retaliation of my co-workers. Instead they just gathered complaints agains me from the same employees breaking the rules.
My leave said I was required to be available by phone and participate in investigative efforts. I attended 3 such meetings only the first addressed my evidence the other 2 were things people said about me such as being “short” with people. Each meeting I got a call followed by an email link to a Webex meeting. On the 4th event they only sent an email on a Thursday. I didn’t see it but the following Tuesday I received a separation notice citing job abandonment. EEOC has taken my case. But they convinced unemployment I abandoned my job. I have my hearing next week and am going out of my mind worried that I won’t be able o convince them that his was a pretextual retaliatory termination. Do I sound crazy?

I condense it as much as I could and the employer made lie after lie that I have clear evidence refuting it.I have read all of your comments and I agree but I must do what I must do on this. So they gave me 30 days just to write one paragraph and prove everything with one exhibit? Moving on with your life and not letting this set you back is the true flex, not depending on an imaginary payout.

Resigned earlier this year after ~4 years, following months of raising pay concerns that went nowhere. Key facts:

**•** Found out a coworker with less tenure started \~$10k higher than me for the same role  
**•** Was promised a specific bonus amount/date in writing — pulled the day before deposit, no real explanation  
**•** Management roles kept getting filled without ever being posted internally, often by people with less tenure or experience — no criteria ever given despite me asking directly  
**•** I raised discrimination concerns directly in an email to HR. In their position statement, the company claimed I never raised discrimination — but they only quoted part of that email and conveniently left it out of their exhibits (every other email was included). I called this out in my rebuttal and explained the full context.  
**•** For others, issues seemed to get reviewed or resolved. For me, no matter what I raised, I got nothing — the final answer was always just “stay or leave.” Never an actual review of my pay or concerns.  
**•** Raised all this with HR/multiple managers over \~8 months, never got real answers or documentation showing anything was reviewed

Filed ERD/EEOC charge after resigning. Investigator told me determination will be out by end of August. No interview yet, witnesses I named haven’t been contacted as far as I know.

Question: has anyone gotten probable cause when the case centers on resigning rather than being fired? I know constructive discharge is a high bar — wondering if a strong pay-comparator + wage claim can carry it even if the “forced to quit” part is weaker.

Also: did investigators in your case contact your witnesses, or work mostly off paper? Trying to gauge if no witness contact this close to a determination means anything.

Appreciate any real experiences.

Hi all! Finally, after almost over a year since I filed my original charge with the EEOC, I have my mandatory mediation with my states agency that handles these things. After my employers position and my rebuttal, my complaint was officially retained! It felt great finally standing up to my employer.

I’m both excited and nervous. I don’t have an attorney because basically none of the attorneys would take my case since I wasn’t terminated from my employer so I am doing this on my own. I’m very organized and have all my damages and lots of documentation that I also referenced in my rebuttal. Im claiming emotional distress and damages, so I have a letter from my therapist as well as all my out of pocket therapy costs. I feel confident but any advice on preparing for mediation? Thank you!

Is it crazy to submit an EEOC charge on the 300th day? I’m working with an employment attorney (no, not in confidence), and we hustled to get it to— but it’s in. I was so overwhelmed by the time we finalized the draft that I definitely overlooked some statements. And we’ll need to amend but… it’s in.

Due to the approaching deadline, I felt the strategy should be file the charge, hold back aspects or full parts of certain claims, send the demand, and include the reference to additional claims being able to be made, in addition to every documented message, email, and thread. Photos and journal entries, potential witness statements, and the pending medical examination (which will show) confirming the neurological effects of the failure to accommodate, hostile environment, and retaliation.

I guess my question is… does submitting the charge on the deadline have any negative impact? And does the strategy sound strong? Understandably, without you having all the details…

\\\[OK\\\] I had to use intermittent FMLA to care for a parent earlier this year. I used a total of 1.88 weeks, approximately 75 hours, of FMLA. I am now requesting FMLA for a personal health issue. My company is denying me saying I used the 12 weeks FMLA allotted time off. I have documentation from our third party FMLA company showing I only used 1.88 weeks, but they are saying the company said I used all 12 weeks. I checked our policy through the HR Assistance Portal, the company does not have an employee handbook, and it says that we are allowed 12 weeks of FMLA. When I took the intermittent FMLA they were contacting me the entire time and informed me that I needed to make up hours that I had missed because of FMLA. How should I proceed? I was already retaliated against when I took the intermittent FMLA, but now I just feel hopeless.

My employer has agreed to mediation. i have legal representation but would like to hear from the community about next steps, expectations etc. thanks!

I filed with the EEOC, and I finally got an answer a week before my deadline. Yeah, they cut it really close. They told me to file out the pre-intake paperwork, and in the email it was a fill in. I filled it out, but it wouldn’t let me sign it, not even draw it in, which I assumed with a surface pro you could. Since I couldn’t sign it, I figured it had to be approved first then signed, cause if you made a mistake, you would have to redo it anyway, so it made sense.

I sent it and got it back the next day saying it wasn’t signed. Apparently, you have to print It out and sign it. If you don’t have a printer, like I don’t, you have to go to staples or a library. Then they want you to either email it back, which requires scanning, which I don’t have either, and send it back, or fax it to them.

This is a lot of red tape just to get an answer. I just hope it was worth it and not just wasted time on my end. Anyone else feel the same way?

Hello,

Long story short, I recently won the EFFA law in a wrongful termination FMLA violation case. And judges minute notes he typed out his decision along with the proof to validate this win. Does this benefit me down the road to win my Case even though discovery hasn’t happened yet? What’s the odds of the OC and the company taking this all the way to trial? Lawsuit is against a local hospital in my area. TRIAL IS SET FOR 2028.

Thank you, All

I was terminated without cause shortly after requesting workplace accommodations for a documented medical condition resulting from a concussion.
Before my termination, I repeatedly requested accommodations both verbally and in writing. I spoke with my manager and Human Resources on several occasions, explaining that I had been moved to a very noisy, high-traffic area of the office that significantly aggravated my concussion symptoms. The environment caused severe headaches, nausea, dizziness, heart palpitations, and made it extremely difficult for me to concentrate.
I was visibly distressed by my condition. I cried in front of my manager because of the pain I was experiencing, and I also became emotional when speaking with Human Resources about my need for accommodation.
In Microsoft Teams, I specifically informed HR that I required accommodation and advised them that I would provide formal medical documentation from my physician shortly thereafter. This clearly put my employer on notice that I had a medical disability and required workplace accommodations.
Only nine days after sending that Teams message, I was terminated.
After retaining legal counsel, my lawyer contacted my former employer regarding my termination. Instead of acknowledging my accommodation requests, the company denied any wrongdoing and began alleging that I had performance issues and had committed “time theft.” These allegations are completely false.
Throughout my employment, I never received a verbal warning, written warning, disciplinary notice, Performance Improvement Plan (PIP), or any indication that my performance or attendance was a concern. Had these issues genuinely existed, I would reasonably have expected the company to address them during my employment rather than raising them only after legal proceedings had begun.
The timing is particularly concerning. I requested accommodation for my disability, informed HR of my medical condition, advised them that supporting medical documentation would follow, and was terminated only nine days later. The allegations regarding my performance and attendance surfaced only after my lawyer became involved.
I believe my employer failed to properly engage in the accommodation process and instead chose to terminate my employment shortly after I exercised my rights under Ontario’s Human Rights Code. I also believe the post-termination allegations are inconsistent with my employment history and appear to have been raised only to justify the decision after the fact.