Labor & Employment

Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, and that 45% fail in the first five years. As daunting as those figures may seem, there are measures you can take to avoid having your new business become a negative statistic. Learn more about how a business can be in trouble, often before even opening its doors.

If either the employee or the employer does not choose to engage in mediation, the EEOC or state administrative agency will continue its investigation, which may include the employer’s submission of Respondent’s Position Statement, a response to a request for information, witness interviews and/or on-site company visits. The investigation can potentially be extensive and is oftentimes rather lengthy. However, cooperation from the employer can help the administrative agency to promptly conclude its investigation.

Once the investigator has completed the investigation, the EEOC or state equivalent will make a determination as to the merits of the Charge. They may: (i) conclude that there is no reasonable cause to believe the discrimination occurred and issue a Dismissal and Notice of Rights letter to the employee, (ii) determine that there is reasonable cause to believe discrimination has occurred and invite the parties to join an informal resolution process called conciliation or (iii) if conciliation is unsuccessful, issue a Notice of Right to Sue letter to the employee.

If the employee receives a Dismissal and Notice of Rights letter or Notice of Right to Sue letter, he or she may file a lawsuit against the employer within 90 days of receipt.