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If you have received a Right to Sue letter, it means that the EEOC has determined that there are grounds for a discrimination claim. But even if you have received a Dismissal and Notice of Rights, you still may be able to file a successful lawsuit.
Key Elements to Include in Your Intent to Sue Letter A detailed description of your dispute. For example, is your dispute over property damage or a breach of contract? Identify who you intend to sue. For example, do you intend to sue an individual or a business? Statement of demand. ... Include a deadline.
The Reason for the Right to Sue Letter However, without this letter, the person may not have a valid claim to pursue in the courtroom. He or she may still proceed to the courts, but the letter itself is substantial evidence in favor of the claim.
Sending a certified letter written in an official manner, warning them of impending legal action can convince them to comply with your demands. If they're willing to settle the matter without going to court, it can save you the trouble of spending time and money on a lawsuit.
The Reason for the Right to Sue Letter However, without this letter, the person may not have a valid claim to pursue in the courtroom. He or she may still proceed to the courts, but the letter itself is substantial evidence in favor of the claim.
A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. This 180-day filing deadline may be extended to 300 days if the charge also is covered by a state or local anti-discrimination law.
Notice of Right to Sue: In situations where the EEOC finds reasonable cause but does not pursue litigation against your workplace, they send you a Notice of Right to Sue. You have 90 days to file your lawsuit after receiving this letter.
If no violation is found as a result of our investigation, the EEOC sends you and your employer a notice closing the case called a "Dismissal and Notice of Rights." You then have 90 days to file your own lawsuit, should you decide to do so.