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Unlimited phone consultations on new personal legal matters, document review up to 15 pages per document, and attorney-written demand letters or phone calls to third parties.
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Understand the boundaries of at-will employment. Learn what constitutes illegal wrongful termination (retaliation, whistleblower protection, Title VII discrimination), how to file an EEOC charge, and when to negotiate severance.
Option 0: How to File an EEOC / State Charge for Free
Filing a federal or state discrimination complaint costs $0. The EEOC and state civil rights agencies investigate charges and issue 'Right to Sue' notices without requiring an attorney.
Distinguish 'Unfair' vs. 'Illegal'
Most employment in the U.S. is 'at-will' (meaning employers can fire for unfair, arbitrary, or silly reasons). It is ONLY illegal if the firing violated a protected class (Title VII, ADA, ADEA), public policy, or retaliated against protected activity.
The EEOC Public Portal can start an inquiry and schedule an interview. An inquiry is not the same as filing a charge and does not itself preserve the charge deadline. Contact the EEOC promptly if time is short.
Record what you reported or requested, who knew about it, and what happened afterward. Timing is one fact a lawyer may consider; it does not by itself establish unlawful retaliation.
Many EEOC right-to-sue notices carry a 90-day lawsuit deadline from receipt, but requirements differ by claim. Read the notice and promptly ask a lawyer what applies. Ask whether a contingency arrangement is available and who pays expenses.
You can contact the EEOC directly without paying a private filing service. A lawyer may charge for advice or representation; clarify the scope and fees.
The 3 Elements of an Illegal Retaliation Claim
Retaliation is currently the #1 most common claim filed with the EEOC. To win a retaliation case, you must prove three elements:
1. Protected Activity: You engaged in legally protected conduct (e.g. filed an internal harassment complaint, requested FMLA leave, requested an ADA accommodation, or reported wage theft).
2. Adverse Employment Action: The company took a materially adverse action against you (termination, demotion, pay cut, schedule transfer to night shift, negative evaluation).
3. Causal Connection: The adverse action happened BECAUSE of your protected activity. Close temporal proximity (e.g. fired 2 weeks after submitting an accommodation request) is powerful circumstantial evidence.
What does 'at-will' employment actually mean?
In 49 states (excluding Montana), employment is presumed to be at-will. This means an employer can terminate an employee at any time, with or without cause, and with or without notice, as long as the reason is NOT unlawful (e.g. discrimination based on race, sex, age, disability, religion, pregnancy, or retaliation for reporting illegal conduct).
What is the deadline to file an EEOC charge?
You have 180 calendar days from the date of the discriminatory incident to file a charge with the EEOC. This deadline is extended to 300 calendar days if your state has its own state or local anti-discrimination law and agency (such as DFEH in California or NYSDHR in New York).
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