Employee Rights Lawyers for Virginia

Speaking generally, an arbitration agreement in an employment contract often won't be upheld unless it clearly and specifically addresses your rights under both the Washington State Law Against Discrimination and your various employment law protections under federal law. Please be aware that in Washington, you can file a complaint with the Washington State Human Rights Commission, and ask the agency to automatically file on your behalf with the Equal Employment Opportunity Commission (I worked for the HRC three times, and was also a Tacoma Human Rights Commissioner, and have a long history in this field). I would be happy to help you with a phone consultation and perhaps help you write up a complaint (the agencies will want to write their own, but you should come in with a time line and complaint draft pre-written so you don't forget anything; you should also bring in a list of witnesses and list of people treated differently from you, if applicable). Please keep in mind that both agencies have long waiting lists and both are neutral - neither represents you. To file in state court, you can skip the HRC; to file in federal court, it's a mandatory prerequisite to first file with the EEOC and obtain a "right to sue" letter. Another option for you is to schedule a consultation with an employment attorney through NELA.org - there are NELA attorneys in every state.

It is hard to say what your rights and obligations are under that separation agreement without seeing it as all agreements and the obligations contained within them are different and could impact you in various ways.

You’ve been through a lot, and based on what you’ve described (racial slurs, unfair treatment, and getting passed over for a promotion) you may have a strong case under Title VII of the Civil Rights Act of 1964. Filing with the EEOC isn’t overly complicated. While deadlines and documentation matter, the process is designed so that people can handle it without a lawyer. That said, having some guidance definitely helps. Don’t Wait Too Long to File Let’s start with timing. You’ve got 180 calendar days from the most recent discriminatory act to file your charge. That window extends to 300 days if your state has a fair employment practices agency that works alongside the EEOC. Most states do. What’s important is that the clock starts when the discrimination happens, not when you decide to take action. If the promotion denial just happened and the derogatory comments are still ongoing, you’re probably still within the window. Just don’t wait too long. Start Documenting Right Now Before you file anything, get your records in order. Write down every incident — where it happened, what was said, and who was present. Be specific. Save any emails, performance reviews, job applications, or anything else that supports your claims. If coworkers of other races were treated more favorably under similar circumstances, document that, too. It can really strengthen your case. And if you reported the discrimination internally, keep copies of what you sent and any responses you received. How to File with the EEOC You have a few options for starting the process. The easiest is using the online portal at publicportal.eeoc.gov. You can also visit a local EEOC office, call 1-800-669-4000, or send a written statement by mail. After that initial contact, someone from the EEOC will follow up to ask questions and confirm that your case falls under their authority. The Charge Is the Heart of Your Case Once you’ve made contact, the EEOC will help you draft a formal charge of discrimination. This is the key document in your case, so make sure it’s accurate and thorough. It needs to describe what happened, when it happened, and why you believe it was based on race. It must also include your employer’s name and address. After it’s submitted, the EEOC will notify your employer within 10 days. What to Expect After You File Sometimes the EEOC offers mediation early in the process. It’s voluntary and involves a neutral third party who works with both sides to try and resolve the dispute quickly. If mediation isn’t offered or doesn’t succeed, the EEOC will open a formal investigation. They’ll review documents, interview witnesses, and may even visit your workplace. These investigations can take several months or longer depending on the case and the EEOC’s workload. What Comes Next After the investigation, the EEOC will issue one of two findings. If they believe there’s enough evidence to support your claim, they’ll issue a “reasonable cause” finding and try to negotiate a resolution with your employer through a process called conciliation. In a small number of cases, the EEOC may file a lawsuit on your behalf. If they don’t find enough evidence, they’ll close the case and give you a Notice of Right to Sue. This gives you 90 days to file a lawsuit in federal court. You can also request this notice early if you want to skip the investigation and head straight to court, but you should talk to a lawyer before doing that. Watch for Retaliation It’s illegal for your employer to retaliate against you for filing a charge or participating in an investigation. If your working conditions suddenly change (worse assignments, negative reviews, or changes in how you’re treated) document everything. Retaliation can be a separate legal issue, and the EEOC treats it seriously. Do You Need a Lawyer? You don’t need an attorney to file with the EEOC, but having one can make a big difference. A lawyer can help present your case more clearly, negotiate a better settlement, and represent you in court if needed. Many work on contingency, which means they only get paid if you recover money. Even if you file on your own, it’s smart to speak with an attorney before accepting a settlement or filing a lawsuit. Employer Size Matters One last thing to consider. Title VII only applies if your employer has 15 or more employees. If your workplace is smaller, you may still have protections under state or local laws. Those laws sometimes give you broader rights or more time to file, so don’t assume you’re out of options just because your company is small. Resources You’ll Want: EEOC Public Portal: publicportal.eeoc.gov General Info Line: 1-800-669-4000 Find Your Local Office: eeoc.gov/field-office State Agencies That Enforce Fair Employment Laws: https://www.nolo.com/legal-encyclopedia/fepa.html

The National Labor Relations Act prohibits an employer from engaging in retaliation against two (2) or more employees who band together to for mutual aid and protection, including raising concerns about lack of pay details. See link here: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1 If the company has failed to compensate employees for work, it may be a violation of the Fair Labor Standards Act (FLSA) and/or the Florida Minimum Wage Act (if the employer and employee meet coverage requirements). Florida Whistleblower Act, Fla. Stat. 448.102 provides whistleblower protection for employees who are retaliated for raising certain concerns in the workplace: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.102.html Finally, if employees have an employment agreement providing pay for their employment, they may have a contractual right to those monies at their pay.

Hello! I'm so sorry this is happening to you. Generally, if you have a contract (the handbook or policy), then you are bound to those terms. If the employer changes the terms, they are allowed to; however, they need to give you some notice of the change in those specific terms in advance. This means that they should give you notice equal to the time between pay periods (e.g. two weeks). If they make a change, then it's not technically enforceable until you get proper notice. The notice does not need to be in writing. Good luck! Dolan