Does the employee still need to file a retaliation claim with the EEOC before taking a claim to court?
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Question: "If the employer and employee are already in federal court concerning a labor dispute (e.g., a claim for underpayment of minimum wages), and then the employee claims retaliation for being fired for cause, does the employee still need to file this retaliation claim with the EEOC before taking this claim to court?"
Answer by Mark Oberti: Yes. Even if the parties are in court already on claim "A," the plaintiff still has to exhaust administrative remedies (ie go through the EEOC) on claim "B." Alternatively, if the parties jointly agreed and stipulated to waive the exhaustion requirement, then the plaintiff could skip over it.
This was taken from the Lawline CLE Program entitled "Updates to Whistleblowing and Retaliation: Sarbanes-Oxley, Dodd-Frank, and Title VII" presented by Lawline Faculty member Mark Oberti.
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About the Author
Written by Sigalle Barness
Sigalle Barness is Lawline's Chief Operating Officer. Sigalle provides leadership and vision to ensure companies have the proper processes and people in place to effectively grow while ensuring financial strength, stability, and profitability. Sigalle approaches her work with respect, candor, and a balance of decisiveness and flexibility as she furthers the objectives of the company. Sigalle is also an avid lover of music, video games, blogging, asking questions, and all things food. She is also fluent in Hebrew and enjoys writing fiction, traveling and scuba diving. Sigalle provides business strategy and leadership to the company and directly manages Lawline’s accreditation, programming and production operations. Sigalle also analyzes market trends and applies insights to develop and execute written and video content including online educational programming, email marketing, social media campaigns, press releases, blog articles and large scale live events. Sigalle graduated summa cum laude from Rutgers University and holds a B.A. in English. She received her J.D. in 2010 from Benjamin N. Cardozo School of Law in New York, NY. Sigalle is admitted to practice in both New York and New Jersey. She is also an active member of the Association for Continuing Legal Education (ACLEA), and is the former Chair of ACLEA’s Programming Special Interest Group (2013 – 2015) and National Provider Special Interest Group (2015 - 2017). Before joining Lawline in March 2012, Sigalle litigated civil claims in areas such as landlord tenant, breach of contract and tax lien and mortgage foreclosures actions. She also handled transactional matters such as drafting residential and commercial leases, demand letters, and client conflict waivers. Sigalle is an avid lover of music, video games, blogging, asking questions and all things food. She is also fluent in Hebrew and enjoys writing fiction, traveling and scuba diving.
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