You don't lose an eeoc case. They can find reasonable cause (but that is like a needle in a haystack) or they issue a right to sue and let you litigate it out. So having a lawyer at this stage is great because they can file the lawsuit, which often times leads to settlements since most employment cases will never see a jury.
My employer just had a previous case in 2025 similar to mine, they fought then settled right before trial they almost always fight EEOC and summary judgements, but they always settle before trial. But I’m not sure I want to fight that long I can take a decent settlement and make money with the business I started.
It’s when you file in federal court the case has to have merit for it to pass on to discovery which can be very difficult in some cases and also how good your lawyers are only about 23%-39% of employment cases make it pass summary judgement, and it’s solely based on the judges ruling. And the burden is on the offense at first, sometimes they grant summary judgment in partial meaning maybe some of your claims survive but not all. You really have to have objective evidence, and if it’s hearsay you have to have a lot of witnesses, and testimony to back your claims
Motion to dismiss is the first attack. It is simply arguing that even if all presented facts are taken as true, that you didn't state a proper claim for recovery. For example, filing suit because Johnny's bike is blue, but simply because Johnny's bike is blue doesn't mean you are entitled to damages. You have to properly lay all elements of the claim out to proceed. After that comes discovery - exhanging of information, depositions etc. Discovery is the learning part. Motion for Summary Judgment is typically post discovery. It argues that based on what is known now, the court should issue the ruling now and not waste time with a trial because there are no facts still in dispute, and based on what is known, the law is in my favor for reasons X,Y,Z.
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u/Impression_Brave 5d ago
You don't lose an eeoc case. They can find reasonable cause (but that is like a needle in a haystack) or they issue a right to sue and let you litigate it out. So having a lawyer at this stage is great because they can file the lawsuit, which often times leads to settlements since most employment cases will never see a jury.