A good number of disgruntled employees will file a charge with EEOC rather than follow a law suit immediately. If they’re pursuing a federal claim, they’re required to do so before filing suit, but they’re not required to do so if they’re filing under New Jersey’s law against discrimination.
One of the questions comes up, do I need to have an attorney represent me at the EEOC level, and the answer is no. You can have somebody internally represent you at the EEOC, but you’ve got to be careful with that. Sometimes the information is coming forth under the EEOC can have a big impact on a later law suit. It’s usually a good idea to have somebody represent you who is experienced and skilled in the employment law arena.