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What to Expect: Filing a TWC/EEOC Charge

Filing an EEOC Charge

If you feel like your employer has mistreated you based on your age, disability, race, gender, ethnicity, color, religion, national origin, pregnancy, etc., then you may have grounds to file a lawsuit against your employer.  Evidence of employment discrimination, retaliation and a hostile work environment may present itself differently in every case.  It’s pertinent that you find an attorney who is familiar and has experience in navigating the administrative process with the Texas Workforce Commission and/or the U.S. Equal Employment Opportunity Commission (EEOC) and with the court system.  Before you file a private lawsuit, employees must go through the appropriate administrative processes.

Time Limitations on Asserting Your Rights 

Although there may be some exceptions, you typically have 180 days to file a complaint with the Texas Workforce Commission and 300 days to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).  A failure to timely file your complaint may result in a total dismissal of your case before a Judge or jury hears any of your evidence.

Charge Requirements

Ensure the effectiveness of your charge by signing, dating, and notarizing it before submission to the relevant administrative agency. This essential step adds legal validity to your submission and strengthens your case. Don’t overlook the significance of proper documentation—sign, date, and notarize your charge for optimal impact.

Where Can You File Your Charge?

There are various methods for filing your charge with the Texas Workforce Commission (TWC) and the Equal Employment Opportunity Commission (EEOC). You have the flexibility to submit your charge in person at a local office, opt for a phone interview, or send it via mail. Embracing modern practices, both agencies now allow attorneys to utilize an online portal for charge submissions. Our law firm highly recommends this method, as it ensures instant confirmation of your charge’s submission. Securing a copy of your charge and evidence of submission is crucial. Failure to affirmatively prove proper and timely submission may lead to the dismissal of your case. Stay informed and protect your rights throughout the process.

What Happens After Your File Your Charge?

 Following the TWC and/or EEOC’s investigation, you might receive a Right to Sue. Once issued, it is crucial to initiate your private lawsuit within the specified timeframe. Timely filing is essential, as failure to do so may lead to the dismissal of your case. Be proactive in pursuing your legal action after obtaining the Right to Sue to protect your rights and ensure a smooth progression in your case.

Deadlines, Deadlines, Deadlines…

Employment law cases are difficult to maneuver if you are not familiar with the processes and the appropriate state and federal laws.  Don’t risk the outcome of your case because you did not hire an attorney.  We recognize that while every lawsuit may be stressful, employment lawsuits are unique in that the facts of your employment lawsuit has directly affected your ability to make your livable wage.  At Crocker Russell & Associates, our employment law team will take every measure to ensure that you get as much money as possible from your employer or previous employer.