Can My employer ask me to drop my EEOC case? Is it legal?

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Hello, You wrote to me before about my last inquiry. I work in a nursing home. I am a environmental service worker. I have a disabled child that I care for and I have been approved and I am covered under FMLA. My employers have taken away my shift, constantly questioning my daughter's disability (she has Spina Bifida), they have and are over working me, Targeted me by telling people not to speak to me. They have literally made my job harder by not letting Me use necessary equipment. They have suspended me for being absent because I was on workers comp. They've been timing my assignments. The list goes on and on. I have documents, photos and recordings of all the wrong doing and I went to the EEOC with everything I have. I had my grievance. My union was there. I can't say they fully Represented me but I was able to tell some of my side of story. The labor relations director who was conducting the grievance offered me a deal. She said I would Get my record wiped clean and that I will get Paid for the days I was suspended and in exchange I need to come into work on time and complete my Assignments on time AND that I drop my EEOC case. The labor relation woman told me she has had my EEOC complaint on her desk and was waiting for the outcome of this grievance so she can respond. She also told me that my director has grounds for firing me and that she can help me keep my job but that she can't do it free. That I need to drop my EEOC complaint. She said she can type up a letter for me to give to the EEOC or I can call the EEOC up and simply Tell them that I'm dropping the case. She said I have until this Thursday to make my decision and if that if I still want to make my EEOC claim it is ok and my right but it will also be my right to grievance her actions if I still file the EEOC case. I have a EEOC case, I think it's strong because I have recordings of all the wrong doings to me. I have the recordings of my grievance. And I also have the labor relations woman give me the "offer". I feel I have to record everything because no one let's me say my piece and my supervisors are constantly lying. I think that I have a good case if they want me to drop the eeoc case. My questions to you is. Is it legal for them to ask me to drop the EEOC claim? If I still fileThe EEOC claim and they terminate me can they Get in trouble? I've been discriminated against, retaliated, harassed and over worked. I'm tired of being mistreated. Do I have a case? Can you please help me

Attorney Answers

3
Michael J. ScheweImmigration AttorneyNewark, NJ ·
Your best bet would be to consult with an employment lawyer to discuss all of these potential issues. It is impossible to advise you competently about how you should proceed without knowing all the facts. Good luck!
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Daniel Knauth 960030.Html ·
Can they ask you to drop the EEOC case? Yes. Can they threaten you or retaliate against you for refusing to drop the EEOC case? No. If they terminate you for filing the EEOC claim, that could support a retaliation claim. You haven't given enough information here to assess the strength of your EEOC complaint. You say "I think that I have a good case if they want me to drop the eeoc case." Personally, I think it's a mistake to assume that it must be a good case because they want you to drop it. Defending in those cases costs money, regardless of merit, and they might want you to drop it so they can avoid incurring those costs.
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James Walsh ·
You need to consult with a good labor lawyer now. Did you file a NYS Division of Human Rights complaint? You need to have proof of the request. As you state that you have a recording of the "Offer" keep that safe. Yes you have a case. The facts you present imply a good case, but the proof is when an Attorney reviews what you have and helps prepare a strategy with you. Good Luck
0 upvotes