discrimination/breach of contract

Mine is a general question about discrimination and breach of contract.
I have been doing a little research and from what I understand, the Equal Employment Opportunity Commission (EEOC)handles complaints about discrimination but not breach of contract.

I believe i have been discriminated and at the same time some provisions in my written employment contract has not been honored or complied upon which I also believe constitutes a breach of contract.

My question is this: Do I have to fight this in two fronts,that is,write the EEOC for my problem about discrimination and go through their procedure of arbitration etc. and at the same time find a lawyer to handle my breach of contract problem?

My other question is, Is it better to do this as a group or individually? (There are other individuals in our office who have the same problem as mine.)

Thank you for enlightening me on this matter and more power to you.

1 answer  |  asked Jul 28, 2003 7:39 PM [EST]  |  applies to Texas

Answers (1)

Trey Henderson

You are correct. The EEOC handles discrimination, but not breach of contract claims. You have several options: 1) you could pursue your discrimination claims through the EEOC now and hold off on your breach of contract claims until later (breach of contract has a 4 year statute of limitations), 2) you could get a lawyer now for the breach of contract claim and still go through the EEOC at the same time by yourself, or 3) you could have an attorney represent you in both now while the claim is in the EEOC.

It is hard to say if a group would be beneficial to you. On the one hand it might put more pressure for the company to settle. On the other hand it might hurt your claim if your was stronger or different from the others.

I suggest you seek the advice of a local attorney.

posted by Trey Henderson  |  Jul 28, 2003 9:18 PM [EST]

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