How to Hire the Best Discrimination Lawyer in FL

If you’ve been discriminated against in Florida, you can file a claim with either the state administrative agency, the Florida Commission on Human Relations (FCHR), or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The state and federal agencies work together and cooperate to process your claim. Because of this, you only have to file with one agency and inform them that you want it to be “cross-filed.” However, some attorneys believe you should file separately with each organization. For this reason, it’s essential to consult with your discrimination lawyer in FL before you file anything. An experienced attorney can walk you through the steps and make sure you’re filing everything correctly.

If you just speak with the EEOC but don’t actually file a claim, your employer will not find out. Many people call the EEOC and try to figure out if what they’re experiencing is actually illegal discrimination or not. Fortunately, you can do this without worrying that someone will find out.

After you file a complaint with the EEOC, they send you what’s called a charge number. This number will allow you to track the progress of your complaint. Additionally, they will send a copy of the complaint to your employer. 

Depending on the circumstances, the EEOC may offer you and your employer a chance to participate in mediation. This occurs before an investigation occurs to see if you and your employer can work out the issue without an investigation and without going to court. If mediation is not an option or mediation cannot solve the issue, the EEOC will investigate your claim.

They will ask your employer to provide them with information by having them answer questions about your complaint. Your EEOC complaint is then given to an EEOC investigator. Once an investigator receives your claim, they will begin investigating. This might include visiting your employer, interviewing them and other co-workers or possible witnesses, and gathering documents. Sometimes, the EEOC will do all of this virtually instead.

If the EEOC does not find evidence of a violation, they will send you and your employer a notice called a Dismissal and Notice of Rights. You then have 90 days to file a civil lawsuit if you choose to do so.  

Alternatively, if the EEOC does find evidence of discrimination, they issue a Letter Of Determination to you and your employer. This letter explains their findings. The EEOC will then attempt to resolve the issue. If you and your employer are able to come to an agreement, you forfeit your right to sue them in civil court. If you are unable to come to a resolution, the EEOC will decide if they are going to take your case to court or not. Due to limited resources, they do not always choose to file a lawsuit. If they choose not to file a lawsuit in this circumstance, you will again have 90 days to file your own lawsuit in civil court.

The short time period between their decision and your ability to file a lawsuit makes it crucial for you to contact discrimination lawyer in FL before filing a complaint.

There is no time limit that the EEOC must abide by when investigating your case. Sometimes cases are quite simple and a determination is made quickly, and other times, it’s more complex and takes longer.

If you decide you do not want to go forward with your EEOC complaint, you can ask them to withdraw your complaint at any time. In order to do this, you should contact the EEOC staff member who is assigned to your case and explain that you no longer want to go forward. They will send you a form to fill out and you are required to mail it back. Once the EEOC receives your completed form, they will then decide if they are going to dismiss your complaint or not.

If you are the victim of illegal workplace discrimination, harassment, or retaliation, Morgan & Morgan is here for you. No one should have to tolerate this type of behavior. When Morgan & Morgan agrees to take on your case, everyone knows that the claim has merit. We work on a contingency fee basis, meaning you never pay us anything until we successfully win or settle your case. This means we only take on cases we truly believe in. In 2021, we’ve already won more than 150 million dollars for our clients. If you’ve been the victim of workplace discrimination, harassment, or retaliation, we want to help you get the justice and compensation you deserve.

Additionally, hiring a lawyer or a large law firm that people have heard of and respect enhances your chances of receiving a reasonable settlement offer. When you hire an attorney or a law firm that people haven’t heard of, it’s inevitable that your settlement offers just aren’t going to be as appealing. Because of our experience and proven track record with successful negotiations and trials, we can obtain settlement offers that you might actually want to take. Contact us today for a free case evaluation and we can connect you with a qualified discrimination lawyer in FL.