Filing An EEOC Charge Is Not A Waste Of Time. The Employers Position Statement Is The Best Evidence.

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  • Опубликовано: 26 дек 2024
  • When the Plaintiff files an EEOC complaint, the Defendant is invited to file the company's position statement. Pro Se, DO NOT DISMISS the statement. You need to read and disect the statement. Because in it you will find material that could serve as evidence to assist you in litigation. Wath the Video.

Комментарии • 103

  • @EdisonFlow510
    @EdisonFlow510 6 месяцев назад +16

    You have no idea how much your channel has struck a chord in me. I dont even know you personally but i just want you to know I love your abundant spirit and your willingness to give away your pricless wisdom to help pro se litigants in this beautiful field of law. Thank you Lucinda, abd may you receive a 10 fold return in every area of your life🙏🏾

  • @myparisyorkie
    @myparisyorkie 4 месяца назад +18

    No doubt that God put your video in my feed. You just gave me new insight and a boost in confidence that my charge will serve a higher purpose 🙏🙏 Thank you and God Bless You!

  • @virtualreality512
    @virtualreality512 Месяц назад +3

    This is a great video of information that can really help many of us who can't hire an attorney to go after the employer. We can do it on our own and ruffle their feathers.😊

  • @rtoney
    @rtoney 6 месяцев назад +6

    Thank you teacher...I can't believe the NLRB took my sworn affidavit on 2.21.24 giving the Employer to June..2024...they covering for the Employer I called them out. I'm just waiting..

  • @laborrelatedthepodcast
    @laborrelatedthepodcast 5 месяцев назад +1

    Thank you, i didn't truly appreciate this video at first but kept coming back to it and thank you sooooo much. Im an auto worker with the big three and the second time the company has fired me after i made a discrimination claim. So the information you gave really hit on my case....thank you

  • @jolantahill787
    @jolantahill787 6 месяцев назад +2

    🥇ThankYou AdvocateLucinda🌹
    for another excellent video on EmploymentDiscrimination❗️‼️

  • @RR-nl2ep
    @RR-nl2ep 3 месяца назад +4

    If you are a federal employee you are pretty much screwed with everything! The agency/employer, HR, OSC, MSPB, OFO and EEOC all know it. The EEOC will be against you and side with the agency because your rights are limited with time frames, claims, lawyers and settlements. Since they are so backlogged, all those entities that are supposed to protect you and your employee rights will close your case even though you are 100% in the right or your case is 100% legit. Stay strong, don't back down and keep on fighting!! Good luck😇🤞🙏

    • @advocatelucinda
      @advocatelucinda  2 месяца назад +3

      Yes, there will be challenges. It's Doable.

  • @carolynavery7405
    @carolynavery7405 6 месяцев назад +3

    Thanks you so much for sharing your knowledge

  • @UniqueBeast216
    @UniqueBeast216 4 месяца назад +4

    Question. Once the EEO serves the complaint, just how much information from your interview with the investigator do they give up? Because I read the complaint, and it seemed generalized, and wasn’t any mention of my witnesses, or the evidence. Is there another communication after that time that they give them the evidence before the make their position statement? I’m curious because I have over 6 witnesses, and nobodies reached out to not one of them.

    • @advocatelucinda
      @advocatelucinda  4 месяца назад

      The following EEOC article should help you better understand the process - www.eeoc.gov/employers/what-you-can-expect-after-charge-filed

  • @vickiev100
    @vickiev100 2 месяца назад

    I found this video by, non-other than Divine intervention. Thank you for sharing you your gift. Do you represent individuals?

    • @advocatelucinda
      @advocatelucinda  2 месяца назад +1

      Feel free to contact me at adjunctlaw@gmail.com.

  • @paulmaes6054
    @paulmaes6054 4 месяца назад +4

    I filed a complaint and the EEOC found probable cause and a letter to sue. Now I can't seem to find a lawyer. It's a big waste of time. My employer has ignored the conciliation and never responded to anything. It's a waste of time I can't find a lawyer

    • @advocatelucinda
      @advocatelucinda  4 месяца назад +3

      Contact your state bar and ask for a list of attorneys you can call. Secondly, consider hiring a limited scope attorney. Thirdly, consider filing pro se. Best.

    • @paulmaes6054
      @paulmaes6054 4 месяца назад +1

      @@advocatelucinda what's a limited scope lawyer ?

    • @paulmaes6054
      @paulmaes6054 4 месяца назад +1

      @@advocatelucinda what is pro se? Thanks

    • @advocatelucinda
      @advocatelucinda  4 месяца назад +3

      Google "limited scope attorney." Information will pop up.

    • @advocatelucinda
      @advocatelucinda  4 месяца назад +4

      Same thing. Google "pro se litigant" or something like that.

  • @andrarodriguez5277
    @andrarodriguez5277 2 месяца назад

    When do i get to read the position statement? I have to respond by the 18th of this month if i want to mediate. I asked for the position statement and was informed by the Texas Workforce that it was illegal for me to see the position statement until after the case is closed.

    • @advocatelucinda
      @advocatelucinda  2 месяца назад

      Assuming you filed a discrimination charge with EEOC, talk to the folk at EEOC. Read the following link:
      file:///C:/Users/User/OneDrive/Documents/Research/EEOC.HandlingPositionStatement.html

  • @askmee326
    @askmee326 День назад

    Amazon refused to provide position statement lol over 3months. Screenshot all communication when you work there once your job is terminated you can't access A- Z app

  • @dianawhitlowe4984
    @dianawhitlowe4984 6 месяцев назад +1

    Working with a friend on his case. Filed with EEOC. Got the right to sue. Where do you find the position statement

    • @advocatelucinda
      @advocatelucinda  6 месяцев назад

      If there is a Position Statement, it would have been presented before EEOC issued the right-to-sue-leltter.

    • @MyOtherChannel-zy3tf
      @MyOtherChannel-zy3tf 5 месяцев назад +1

      You may have asked too early for your RTS letter. The employer may have not submitted one by that time.

    • @MyOtherChannel-zy3tf
      @MyOtherChannel-zy3tf 5 месяцев назад +1

      Check the online portal of your case.

  • @precisionenvision4882
    @precisionenvision4882 2 месяца назад

    I got a low ball settlement amount! Should I go supper hi on my counteroffer?

    • @advocatelucinda
      @advocatelucinda  2 месяца назад +1

      Fully analyze your case, the pros and cons, and make a decision. Best.

  • @virtualreality512
    @virtualreality512 2 месяца назад

    Some time ago I filed a complaint with EEOC and never received a copy of the employer's statement. I question if EEOC sent the employer anything?😢

    • @advocatelucinda
      @advocatelucinda  2 месяца назад +1

      See the following link concerning EEOC's handling of the Position Statement.
      file:///C:/Users/User/OneDrive/Documents/Research/EEOC.HandlingPositionStatement.html

    • @virtualreality512
      @virtualreality512 Месяц назад

      ​@@advocatelucinda
      Thank you for acknowledging my concern.😊

    • @advocatelucinda
      @advocatelucinda  Месяц назад

      Welcome.

  • @JustWanderingBy
    @JustWanderingBy 6 месяцев назад +4

    This is absolutely true. The employer lied throughout their entire position statement and we have the direct evidence to show it.
    Question: What is your employer entitled to in a FOIA EEOC request? The former employer is putting in a request. We were advised to submit all of our evidence and I’m wondering if they will get everything we submitted and if they can use it to block our witnesses and recordings?

    • @advocatelucinda
      @advocatelucinda  6 месяцев назад +1

      If you have an attorney advising you, I encourage you to ask your attorney. Here is a link to FOIA.gov: www.foia.gov/faq.html

    • @MyOtherChannel-zy3tf
      @MyOtherChannel-zy3tf 5 месяцев назад +1

      The EEOC Should not provide your rebuttal or your evidence to the employer.

    • @advocatelucinda
      @advocatelucinda  5 месяцев назад +2

      Yes, the charging party's response will not be given to the employer during the investigation.

    • @Jacqueline-bj6kl
      @Jacqueline-bj6kl 4 месяца назад

      Are you saying, my respones to my EEOC investergator will not be given to my employer?

    • @advocatelucinda
      @advocatelucinda  4 месяца назад

      Please read the following link on EEOC's handling of the charging party's response to the position statement:
      www.eeoc.gov/questions-and-answers-charging-parties-eeocs-new-position-statement-procedures

  • @4urSweetTooth
    @4urSweetTooth Месяц назад

    Can an employer renig on their Position Statement after submitted? For instance, the Position Statement claimed a no call/no show as a reason for termination. Yet, proof of email correspondence shows acknowledged absence was communicated promptly. Does the EEOC see this as a lie or misinformation? Can this be overlooked as a "simple mistake" by the employer?

    • @advocatelucinda
      @advocatelucinda  Месяц назад

      I recommend that you consult with an attorney who can hear your facts and advise you.

  • @massiahrichardson3065
    @massiahrichardson3065 Месяц назад

    Is there any way that I can call and talk over the phone to explain what’s going on with my case I went to a lawyer yesterday with evidence and everything I feel like he didn’t want to really help because of the color of my skin and he just knew a lot of people I have to sue I really need to talk to someone asap that will play fair it’s a real big case against a real big company

    • @advocatelucinda
      @advocatelucinda  Месяц назад

      Feel free to schedule an appointment at adjunctlaw@gmail.com. But, before you do so, please assess your case and determine whether you have the facts to support your claim. Make sure the facts and law are on your side.

  • @virtualreality512
    @virtualreality512 Месяц назад

    If a company that doesnt have a policy can that be used against them ?

    • @advocatelucinda
      @advocatelucinda  Месяц назад

      Potentially, if having a policy or not having a policy is relevant to the issue(s).

  • @wjohns911
    @wjohns911 3 месяца назад

    I’m currently in this process yesterday was there deadline to submit a position and they didn’t submit it. So now my investigator request it again and additional information

    • @margaretmh123
      @margaretmh123 Месяц назад

      What ever happened

    • @wjohns911
      @wjohns911 Месяц назад

      @ they fired me this past Monday

  • @virtualreality512
    @virtualreality512 Месяц назад

    In a case evolved around issues of discrimination is it best to file a complaint with the state department of human rights first or EEOC ?

    • @advocatelucinda
      @advocatelucinda  Месяц назад

      Check your state laws and EEOC standards to determine if you would need to exhaust any administrative requirements at the state level before filing charges with EEOC.

  • @safetybuddy
    @safetybuddy 4 месяца назад

    Lucille, how do I get a copy of the position statement?
    I recently received a letter from the state EOC stating they find no fault in my employer.

    • @advocatelucinda
      @advocatelucinda  4 месяца назад +1

      Ask the agency about that, whether a position statement was produced.

  • @NaughtyByNaturee
    @NaughtyByNaturee 3 месяца назад

    How do you get the employer to provide a position statement when they haven’t, and seem not to be responding?

    • @advocatelucinda
      @advocatelucinda  3 месяца назад +1

      Assuming you filed an EEOC Charge, contact EEOC.

    • @NaughtyByNaturee
      @NaughtyByNaturee 3 месяца назад

      @@advocatelucinda thanks! But of course I’ve done that. I was asking with the hopes of someone knowing a way to get the employer to provide a Position Statement. The timeframe is over. EEOC says they have 30 days but it’s past 30 days. And my status has not gone into investigation. Each time I’ve emailed my investigator he simply replies “we have requested the position statement from the employer please continue to check your email for updates” why are they giving out timeframes if they don’t follow them or even there’s no consequences for a employer not providing one in a timely manner. This is a private sector and I really need the position statement to move forward. At this time I don’t even know what their response is to the charges.

    • @advocatelucinda
      @advocatelucinda  3 месяца назад

      The following EEOC link provides answers to your inquiry. www.eeoc.gov/youth/frequently-asked-questions#:~:text=to%20the%20EEOC.-,What%20will%20happen%20if%20my%20company%20does%20not%20cooperate%20with,comply%20with%20the%20EEOC's%20investigation.

  • @respectfullytruthful
    @respectfullytruthful 6 месяцев назад +3

    Thank you RUclips algorithm.

  • @GODBODYJUICE
    @GODBODYJUICE 5 месяцев назад

    Is there anyway I can reach you I live in MN I have a case now

    • @advocatelucinda
      @advocatelucinda  5 месяцев назад

      adjunctlaw@gmail.com

    • @hpr1599
      @hpr1599 3 месяца назад

      I got injury on the job as a result terminated I filed a workman Compensation Claim Case with the Judge of workman Compensation now I don't have a job at this time ,Can I still file a claim with the EEOC also my name is Harold

    • @advocatelucinda
      @advocatelucinda  3 месяца назад

      Contact a Worker's Comp. lawyer.

  • @Itsmelancedehring
    @Itsmelancedehring Месяц назад

    I was fired from the icee company because I ask for accommodations to wear my headphones at the school that Icee sent me to it was the Icee school in Laverne, Tennessee. I couldn’t concentrate the noises so I asked if I could wear my headphones. The teachers told me that I was fine the week before so the answer is no I disclose to them that I was on the autism spectrum. They gave me paperwork, fell out to give them my doctor and get back so they can do an evaluation and then about a week later I was talking to our office and m were denied because it a hardship to the company and I was a danger to there customers

    • @advocatelucinda
      @advocatelucinda  Месяц назад

      It would be great if you consulted with an attorney. Best.

  • @OttilliaJones
    @OttilliaJones 6 месяцев назад +2

    I addressed issues in the position statement in my initial statement to the court. Therefore the issue has already been addressed

  • @Mushroomlady911
    @Mushroomlady911 6 месяцев назад

    I complained about workplace discrimination to the EEOC. The lady told me that I can't get mad If my employer does not give me any hours. I asked to proceed with the investigation. Even though my EEOOC contact told me it was not a good idea. However she told me she would have the paperwork for me to sign. I never got the paperwork and I'm getting gaslight at work. When you try to start a case with the EEOC the online appointment are all filled. It will tell you to check back fir openings. There is never a opening. You have to email the office with case information to get a response after a while of waiting.

    • @advocatelucinda
      @advocatelucinda  6 месяцев назад

      And, keep on doing what you need to do.

    • @mathwizardwithdistantlearning
      @mathwizardwithdistantlearning 4 месяца назад +1

      Contact the commissioner of the EEOC and filed a complaint with your state representative. The EEOC is funded by tax dollars to represent the people, but it is an extension of the employer. It does all that so you are discourage to file discrimination charges against the employer.

    • @sonyaunderwood933
      @sonyaunderwood933 4 месяца назад

      @@mathwizardwithdistantlearningGood advice 🫡

    • @ghostofresonance4025
      @ghostofresonance4025 3 месяца назад

      It will be filled but a cancellation will eventually pop up and you will receive a call. I did

    • @traceytracey3756
      @traceytracey3756 2 месяца назад

      I filed in May, and my appointment was in October. You have to check every day.

  • @bily4566
    @bily4566 5 дней назад

    I really need help

    • @advocatelucinda
      @advocatelucinda  4 дня назад

      Feel free to reach out to me in January 2025 at adjunctlaw@gmail.

    • @advocatelucinda
      @advocatelucinda  4 дня назад

      Feel free to reach me at adjunctlaw@gmail.com

  • @gabisrael6829
    @gabisrael6829 3 месяца назад

    I just got an email that my employer was ask to submit a Position Statement on your charge. So I’m just waiting

  • @LadyJpraise2024unbound
    @LadyJpraise2024unbound 3 месяца назад

    The filing process is as harmful as what u go through bc the investigation can drag on for 2 or 3 years, and you get no immediate relief. I see why people don't fight bc it wears u downy to fight and document and do your job at the same time, plus you get treated cruelly. In southern states, it seems like a waste bc the companies have the upper habd

    • @advocatelucinda
      @advocatelucinda  3 месяца назад

      You speak truth. However, in these matters, there remains 2 choices. Individuals have to decide which choice is best for them. Best.

    • @traceytracey3756
      @traceytracey3756 2 месяца назад

      Leave the company. The case is still ongoing whether you're there or not. You don't have to take the bullying.

    • @unityaboriginelove6595
      @unityaboriginelove6595 2 месяца назад

      @@traceytracey3756 - Good idea but the job market is trash.

    • @traceytracey3756
      @traceytracey3756 2 месяца назад +1

      @unityaboriginelove6595 You're right; however, perhaps the market or career choice that you're in is trash, but consider trying something completely out of your wheelhouse. I used to be in banking, but then I tried my hand at property management. The switch worked well.

  • @ladyj5682
    @ladyj5682 2 месяца назад

    Yes it feels like a waste of time. These employers are ok for violating these laws bc no real consequence

    • @advocatelucinda
      @advocatelucinda  2 месяца назад +1

      I hear you. Nevertheless, there are only two options...challenge these violations or remain silent. Best.