EEOC Rebuttal Writing 101
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- Опубликовано: 26 июн 2023
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If you have a question about employment law, workplace discrimination or sexual harassment please do not hesitate to contact us. We will try to craft a video response for you, or where more appropriate we are happy to have a private conversation.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.
Also a tip if you're not represented, when the investigator asks if you have any witnesses, list everyone that is involved, HR down to your direct manager, and anyone who has knowledge about the information in your charge, if your employer lies in the position statement , great let them, and let them let the managers lie again when questioned.. moral of the story.... let them dig their own hole
Yes I certainly let my lawyer know and she did a great job. Her rebuttal short and sweet and to the point. 😎
Perfect timing for me.. the EEOC just sent me an email asking if I'd like a copy of my employer's Position Statement? They were served charges in February, and it doesn't appear that they've responded to anything as of yet. Let's hope it keeps going that way 😂 aahhh... let the fun begin!
What person would say no? Why is the EEOC even asking if you want it.
How come your investigator asked if you wanted a copy of the position statement if they have not received it yet? Your post was from 6 months ago, how have things gone in your case?
@jsegura525 The EEOC had received the Position Statement but failed to move it forward to me. I reached out after some time of not hearing anything and questioned if they had heard from the company? Then they hurried and sent it to me and told me I had 30-days to respond with a rebuttal. I could see it was dated from a couple of months prior. However, the EEOC failed to tell me it was available. At the time, I didn't have an attorney.but I do now, so things are slowly moving forward. My original filed date was August of 2022, and I'm in the investigation phase at the moment. My attorney had to narrow down my EEOC rebuttal as it was 37 pages long, and quite frankly, the EEOC seems lazy and/or overwhelmed because you have to spoon feed them answers as they do not seem to dive too deep into investing complex cases that had a lo5 going on. My investigation started in the late fall last year, and all I know is that as of today, it's still being investigated. Strategy wise, my attorney wants a Right to Sue, but wants some kind of findings.. so you have to play the game and go through the motions. This is by no means a fast process! It's a joke if you ask me.
Exactly what I needed. Thanks!
Perfect time for me! Thank you..
You are an Avatar of Justice Vince ! Thanks 👍👍
Wow! Thanks, I hope I live up to that!
@@JobAttorney What type of avatar though? The Last Airbender or James Cameron's Avatar?
Thank you, Mr. White.
You made me laugh multiple times in this video 😂
Do you represent clients in California? Or just NY? I have watched a few of your videos now and I am impressed.
Yeah definitely think if I'd have gotten an attorney sooner possibly could've drafted my position statement and rebuttals that my case would've increased. I was pro se through most of it then hired an attorney and reached a good agreement within 2 months. Definitely satisfied
From an attorney's perspective, what could be the reason for the following circumstances:
After expressing interest in representing me and assisting with my EEOC rebuttal statement, the attorney informed me that the next steps would involve scheduling a visit to their office to sign the retainer agreement and meet with the law firm. However, my last contact with the attorney was approximately a month ago. Shortly after our discussion, I promptly forwarded the right to sue letter to the attorney the next day upon receiving it.
Despite the attorney initially acknowledging the strength of my case and providing positive feedback on the evidence I provided, there has been a concerning lack of response regarding the signing of the retainer agreement and scheduling an appointment. Despite my persistent attempts to reach out through various communication channels, including calls, texts, and emails, I have not received any form of communication in return.
What could be the reasons for the continued lack of response or delay? Does this indicate a potential shift in the attorney's willingness to represent me or a change in priorities? Should I interpret this lack of communication as a red flag when seeking legal representation?
It is also worth mentioning that the attorney has already retained a witness who was also affected by the employment discrimination, harassment, and retaliation, and they explained that having more people with cases against my employer can potentially lead to higher settlement amounts. The attorney mentioned that he could represent both of us as long as it did not become a conflict of interest.
Hi Vince,
Thank you for the videos as I have been catching up as much as I can (with likes of course). I apologize in advance if you have answered these questions in other videos.
My main question is about answering the employers position statement with evidence being submitted to the EEOC.
I was initially informed by an employment attorney that things should be settled during mediation through the EEOC. However the employer refuses the mediate, I am currently not being represented as most lawyers want a couple thousand up front or want me to get back to them after I receive the "Right to Sue" letter. I have until July 21st to send in my Rebuttal and any further evidence that I may have to help my claim/charge.
Do I go ahead and send in my evidence such as audio recordings and video recording so the EEOC investigator hears and sees them? .. If the EEOC doesn't take time to hear the evidence then I would have tipped my hand on evidence that I currently have for wrongful termination and retaliation. Because then the Employers attorney would have access to the evidence and the recordings wouldn't be a surprise.
Or should I not send in my evidence and wait for the "Right to sue" letter
Also, one attorney who I called mentioned to me that if I pursue with the "Right to sue" letter in federal court and lose that the Employer can sue me for legal costs for going to court.
Thank you in advance!
Listen to Mr. White!👊
Employer finally submitted position statement after almost a year and full of lies. Eeoc my rebuttal is due by 7/12/24 i dont have or can afford counsel. Ive been thru mediation offered me small settlement and s reference letter
Damn it Vince, I demand $1 million 😂
While waiting for EEOC Determination, I think it’s important to stay on top of your investigation by checking in with your EEOC Investigator monthly or so. If your attorney is not doing that, is it appropriate for the employee client to check in via email with EEOC Investigator? Just wondering what the protocol is. Thanks.
The investigator should be communicating with you frequently. Mine would email on weekends and in the middle of the night
Great video what you would do if your layer promises something and dos not deliver and how you could actually tell if your layer working on your EEOC Case or just running the clock
How long would take a serious law firm to grasp the fact of the case
And how you could tell if he is actually working on it
My sister started her EEOC process in February of this year. She just submitted her rebuttal to the position statement. I was told that it’s normal to get “radio silence” from your lawyer. I would say, the only time she heard from her attorney was twice since January/February. Once the attorney receives the “right to sue letter”, then the case will pick up due to time frames in federal court. I hope I helped 😊
Oh! We researched each attorney, thoroughly, before she picked the firm she has now.
Can you do a video on post office disability discrimination ? And do you represent people in Texas ?
Does my former employer lying to Unemployment help my NLRB case if I have evidence proving he lied?
Hi Vince, one more question from me - if I complained verbally to HR manager who later left the company can the company ask him to participate in the investigation? What if he declines?
Also, can EEOC bring him to investigation?
My attorney hides information about the case , he didn’t notify any of the clients in his case with multiple plantiffs that the case severed and judge granted it to be split, this is after multiple emails and calls to keep us updated if a plantiff decides to terminate him would they still be able to keep the same judge ?
I would expect them to keep the same judge even if a plaintiff changes counsel.
Hello, my lawyer mentioned possibly having a conflict of interest and bringing on another lawyer because of that. The problem is, since then they’ve rescheduled my virtual meditation date because they wanted in person meditation, to now having to settle for virtual because opposing counsel wants virtual. I want to get this over with. Should I find a new lawyer? I feel like since discovering the COI they’ve been dragging their feet. It’s a sexual harassment case that the lawyers believes is a 6 figure case. What do you think? Thank you.
Is it eeoc mediation or is it just regular mediation?
@@rikamade-it9495 How are you doing virtual eeoc mediation? I thought the eeoc didn't allow it and you needed to be at one of their offices.
@@rikamade-it9495 Do you think they just don't want mediation? Like what other options do they have if they won't come to the EEOC office where it is being investigated and if they won't do it online? If they decline online too, maybe they don't want eeoc mediation, or do they expect you, your attorney and the eeoc mediator to come to them in Texas lol?
Am I allowed to have another manger or hr present while receiving my annual performance review. My managers have been harassing me and HR is trying to cover it up I don’t feel comfortable around my managers I told HR if anyone else can give me my review and he said no. But these same managers have been writing me up on things I was never trained and I told my managers I haven’t been trained. I’d like to receive my review but I cannot be alone with either of my managers because My anxiety acts up and I’m afraid I’ll have an anxiety attack
Can the EEOC get pay stubs for other employees to prove a pay disparity?
Can a manager really be charged with perjury for including false and misleading statements on an affidavit.
I'm sure there are some people who have rebuttals due in 6 days 😮
July 1st, so I need this video NOW 😐 Ima pray on it 😁
@@tallchicknvegas Mr. White will not budge. He's strict like that.
My EEOC Investigator won't answer any questions that I ask? He only replies back" it's under investigation "
What should I do about this?
What is too long of a rebuttal? How many pages?
Do you represent federal employees?
Do eeoc attorney's have to be local? I have been calling through them with not much luck. I have not been fired yet, so most attorney's don't care.
No, there are a couple of national firms out there that handle EEOC matters for people.
Are you one of those firms?
@@reviewingstores3930 We are. But I always warn people that we are generally more expensive than their local options, because their local options don't have to fly attorneys around the country.
Mr. W I hope you can do a video. I leave help me out in the past but I think making a video about this scenario would help others as well. I've looked at your channel to see if you had any employment Workmen's Comp. videos. You do have a field but didn't necessarily cover my scenario. The scenario with this temp agency happened last week.
Back in May I got injured from my job. The temp agency send this out on assignment to a warehouse where they refurbish household solar generators. We take apart these generators. We unscrew and take the circuit board off from the metal generator. We have to do 60 generators daily. We work eight hours. Ever since May I've been doing 60. I have to use a electric gun to unscrew the circuit board from the solar generator. There are about 25 or 30 screws to take care of. I'm holding the power tool with my right hand for eight or nine hours but nine hours mostly since I've been staying an additional hour. Also Saturdays are over time day or a six-day since we work Monday through Friday. It is now June 27, 2023 last Friday I got laid off. But let me take you back to Wednesday, 21 June. I woke up with pain going down my palm of my right hand. Since May up until Wednesday I finally reported the pain I was feeling in my fingers to my employment agency because I couldn't take it anymore. I asked them if they had Workmen's Comp. insurance and they said they did. I went to the clinic on Wednesday here in my city. The Workmen's Comp. doctor diagnosed me with tendon pain on my right hand. My recruiter at the job agency told me to take Wednesday off. On Thursday I had a mental health breakdown and I told the recruiter I wasn't showing up. The mental breakdown took place because of the pain I was feeling. I don't want to get into those details because are too personal to share here on the RUclips. When I showed up Friday the manager at the solar generator warehouse told me he liked me, he was giving me the monthly bonus, I had great attendance and they thought of keeping the past are two month assignment at this place. I pointed out to him I was out two days because of a Workmen's Comp. injury. He still let me go. Even though I got injured it didn't make a difference to them. Then on Saturday around 3 AM in the morning I received a message from the job agency telling me they were letting me go because production slowed down at the solar generator place. That's what took place. I'm leaning to it being discrimination based on disability. I'm not looking for Workmen's Comp. advice. But since this was a employment discrimination case I'd like you to please consider this and make a video for those who have gone through a similar situation or are going through one. In addition, ever since late May as I mentioned on here I wasn't taking all of my brakes since we got three so that I can meet production or quota of taking apart 60 generators. That's what took place and that's how they were paid me.
Is this a workplace discrimination and/or retaliation case?
Hey, Mr. White. Who files the Rebuttal when one has a lawyer? I was asked in an email if I'm going to be delivering my response or serving it some other way. It's due tomorrow before end of day.
Hey, Mr. White 🤠 EEOC allows you to upload your Rebuttal onto their portal, in some states, like, mine 😁💃 FYI for your listeners.
@@tallchicknvegas I would also email it directly to your investigator.
@@Starbeoghtuser3475 the investigator communicates through the portal. That's where all documents are shown during the investigation. Thanks for having my back.
that's a great idea, ty
'PromoSM' 😬
I predict DavidTee4936 will be watching this video in about 39 hours 😅
Mr. White, I'm just going to be blunt and ask. Are you farming subs? Your views are steady (the same) yet your subs are increasing by hundreds a day. 😮