This notice –to- sue letter can be acquired from Equal Employment Opportunity Commission (EEOC) once an inquiry is steered by the commission and there is sensible reason to a firm that discrimination actually happened. There is a choice for one who wants to file lawsuit before gathering information about the case.
Once the complainant agrees to proceed with his lawsuit before investigation is completed, he is required to make a formal application by logging in to charge account and uploading the request. In absence of such account online, then send your request to the EEOC office responsible for investigation. The application should contain EEOC number and the names of the parties (Silvers, & Stein, 2003). The request made is based on 180 days period, which state as follows. After 180 days period have elapsed from the day a charge is filled, then the commission is required by law to give a notification if asked for, and for a period of less than 180 days, then the commission will only give a notice if they will be unable to polish their inquiry within 180 days. This occurs when they incapable to decide on the matter through appeasement process (conciliation).
It is at the pleasure of the commission to contest if the appeasement process is fruitless or not and in the long run decide on what percentage of all charges to be pressed. It will consider all the evidence at hand including strength of evidence, issues involved in the case, and the impact the lawsuit could have on the commission’s efforts to curb employment discrimination issues (Goldman, et al 2006). Once the letter is obtained from EEOC upon request, the commission can then make available a list of counsels who have indicated to them they are expert in employment and labor laws, without detailed approvals from the commission. As quickly as a Notice of Right to Charge is attain, file your complaint within 90 days as the law demands. If it is not done in good time, you are likely to be barred from moving on with your charges (Silvers, ; Stein, 2003). You are advised not to request notice of rights to sue, when you want the EEOC to continue investigating on your charges.
