Dismissal Notice and Notice of Right to File a Civil Action: Fort Worth employment lawyers
If you filed a charge of discrimination with the Texas Workforce Commission related to employment discrimination then at some point you are likely to receive a Dismissal Notice and Notice of Right to File a Civil Action. Often the reason selected in the notice will be:
“The TWCCRD issues the following determination: Based upon its investigation, the TWCCRD is unable to conclude that the information obtained establishes any violations of the statutes. This does not certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge.”
Often people receive this letter and think their claims are over. That is not the case. This notice just tells you that the TWC is passing the ball to you to make a decision whether you want to pursue your claims in court. When an employee has employment discrimination claims, the first step is to file a charge of discrimination with the TWC or EEOC.
These agencies investigate the claims but rarely conclude that discrimination occurred. That doesn’t mean that discrimination did not occur. Just that the agency could not conclusively determine discrimination occurred based upon their limited investigation. The investigation is not as broad or deep as the kind of investigation that can occur during litigation. That discovery process, along with the presentation of evidence during a trial, can expose much more evidence. The TWC investigators are not lawyers and do not have the depth of knowledge of how courts resolve discrimination claims. So you should never assume the TWC investigation’s conclusion or lack of conclusion has any serious meaning.
Fort Worth and Dallas employment attorney for employment discrimination and wrongful termination
When the dismissal notice issues, it starts a very important clock. From the date you receive it, you have a mere sixty days to file suit or your claims are barred. You must file your lawsuit within that time period or you cannot pursue your claims in Texas courts. (You may have an additional time period to bring claims in federal court.) It is important that you note the date you received the letter and quickly reach a decision about the lawsuit. The earlier you reach a decision the sooner you can speak with an employment attorney and the sooner that attorney can begin preparing the petition.