Can You Sue Without a Right-to-Sue Letter?

If your employer has violated your workplace rights such as discrimination and harassment, you may be considering legal action. But you may have heard that the Equal Employment Opportunity Commission (EEOC) only issues right-to-sue letters after reviewing employment cases and assessing whether an employer acted unlawfully. 

Can you sue without a right-to-sue letter? Generally, no, though there may be a few exceptions to this rule. An experienced employment attorney can help you understand your rights and options after a violation of your employment rights. 

What Is a Right-to-Sue Letter?

When you report a violation of your workplace rights to the Equal Employment Opportunity Commission, the organization will investigate your claim. If it finds evidence of a violation, it will provide you with a Letter of Determination stating the outcome of the charge. This letter may give you the go-ahead to resolve the matter with your employer under the oversight of the EEOC.

If you cannot resolve the matter, the EEOC may either pursue legal action against your employer or issue you a Notice of Right to Sue letter, which would authorize you to take legal action, if you wish to. You would have 90 days from receipt of this letter to pursue a civil lawsuit.

If the EEOC does not find evidence of a violation during its initial investigation, it will send you and your employer a Dismissal and Notice of Rights, which closes the case and permits you to file a private lawsuit if desired. In this case, the right-to-sue letter simply indicates that you have completed the administrative prerequisites to take legal action. 

Without an EEOC right-to-sue letter, your options for asserting your rights under employment law may be more limited. 

The 180-Day Rule for EEOC Right-to-Sue Letters

The EEOC sometimes takes six months or longer to investigate employment discrimination claims and workplace harassment complaints. If you would rather not wait this long to take action, you can request a right-to-sue letter after 180 days have passed since you filed the claim, as long as the investigation is still pending. 

The 180-day rule may reduce the legal timeline for those who want to seek compensation quickly, such as workers who were unlawfully terminated or demoted. However, by requesting a right-to-sue letter under this rule, you will prompt the EEOC to close its investigation. This means that you will lose the organization’s assistance and oversight should it find reasonable cause for discrimination or other violations of workplace rights. 

It may be a good idea to consult an employment attorney about your rights and options before requesting a right-to-sue letter.

Are There Instances Where You Can Sue Without a Right-to-Sue Letter in California?  

You generally need a right-to-sue letter before you can take legal action against your employer for most matters involving discrimination and harassment in employment law. However, there are a few exceptions in which you may be eligible to sue without a right-to-sue letter:

While you do not legally need to first file with the EEOC to take these cases to court, doing so may be advantageous. The EEOC can investigate the claim and, if it finds sufficient evidence of a violation of rights, take legal action on your behalf. 

Reasons the EEOC Might Not Issue a Right-to-Sue Letter 

The EEOC gives workers the right to sue their employers in a range of scenarios, including both when the agency does and does not find evidence of a violation of rights. If the EEOC has not provided you with this letter, you may wonder what you did wrong. 

There are a few common reasons the EEOC might not issue this letter:

• You have requested the letter within 180 days of submitting a claim. You must wait 180 days from the day you submitted the claim to submit a formal request for a right-to-sue letter. 
• The EEOC is handling the case. The EEOC might choose to take the case to court rather than passing the responsibility over to you. This may be more likely if the case has multiple claimants or is of public interest. 
• The case is outside EEOC jurisdiction. In this scenario, the EEOC might drop the case without giving you the right to sue. 

Your legal representation can help you determine how to proceed in this scenario. 

Filing a Claim Under the Civil Rights Department Instead

As a California worker, you have the option to file a workplace rights violation claim with either the EEOC or the Civil Rights Department CRD). Filing with the CRD may have certain advantages; for example, in some cases, the CRD issues an immediate right-to-sue letter if you decide to opt out of the department’s investigation. This could allow you to take your case to court faster than you could under the EEOC by bypassing the administrative process. 

The CRD also provides a longer timeline for filing a lawsuit. After you receive a right-to-sue letter, you would have one year to sue rather than the 90 days under the EEOC.

However, the CRD does not hear the same cases as the EEOC. This department generally deals with cases involving violations of the Fair Employment and Housing Act, including discrimination based on sexual orientation. It may be worth talking to an attorney about which agency to file your claim through. In many cases, filing with one agency automatically dual-files your claim with the other under a work-sharing agreement.

Seek Legal Assistance With Your Employment Law Claim 

Can you sue without a right-to-sue letter? Generally, no, but an employment attorney can help you understand your rights and options. You may be able to request this letter from the EEOC directly or file your claim through another department, for example. 

D.Law helps California workers make sense of employment law and understand their rights. Whether you are wondering about the laws surrounding requirements for background checks or want to report your employer for harassment, schedule a consultation today at 818-275-5799 to discuss your case.