This law firm’s U.S. lawyers handle EEOC Korean complaints from our office in Korea; Merit System Protection Board (MSPB) appeals from Korea; grievances under the Negotiated Grievance Procedure from Korea; complaints to the Equal Employment Opportunity Commission (EEOC); lawsuits in U.S. federal court for federal employees working at Yongsan, Camp Humphreys, Area I and throughout the Korean peninsula. We, also, on occasion handle matters stateside and throughout other parts of Asia. These matters are all personally handled by Sean Hayes and his team.
Some of the employment law work, in these matters, are essential to be performed in Korea when actions of the U.S. government occur in Korea, thus, IPG has developed a team to handle these matters along with a NY-based associated employment law firm. The majority of our clients working for the U.S. Military are either facing discrimination, a hostile work environment or have been terminated from employment.
The EEO Process is cumbersome, but manageable with a decent guide, patience, preparation and knowledge of EEOC realities.
Step 1: Consult with EEO Korea Counselor/Officer
Typically, the counselor must be contacted within 45 days from the date the alleged discrimination occurred. Act quick. You need to prepare a statement prior to this “consultation.” Make sure to obtain a form noting you have reported the discrimination in a timely manner. It is essential to have guidance at this time. You are unable to allege, in most cases, different actions that what you have alleged at this meeting.
Step 2: Attend EEO Mediation or EEO Traditional Counseling in Korea
If is the mediation or traditional counseling does not lead to an amicable resolution, the complainant has a mere 15 days to file a Formal Complaint. Because of this short time frame, it is advisable to prepare a thorough complaint and gather evidence prior to even meeting with the EEO Counselor in Korea.
Step 3: File an EEO Formal Complaint in Korea
The government has 180 days from the day of filing of the Formal Complaint to complete its investigation. It is important in your complaint to make specific allegations substantiated with evidence. It is, also, advisable to make a detailed witness list with specifics of why you want the specific witness interviewed.
Step 4: Request an EEO Hearing in Front of an Administrative Judge or Request and EEO Agency-Issued Decision
The choice of having the government agency make a decision versus an administrative judge is dependent, mainly, upon the specifics of the case. The decision can have substantial consequences. In most cases, a hearing request must be made within 30 days from the day you receive notice of your right to hearing before an administrative court judge.
Step 5: Government Issues a Final Action – Appeal if Necessary
The Final Action may be appealed to the EEOC Office for Federal Operations or to a federal district court. Other internal EEOC appeals may, also, be available.
Step 6: File a Discrimination Lawsuit to a District Court
The filing of lawsuits is done by firm lawyers in coordination with an associate law firm in the United States. Please note the filing of a Federal Lawsuit, in most cases, can be filed online with, only, hearings conducted in the States. Thus, in most cases, the participation of the plaintiff and plaintiff’s counsel, in the States, is not regularly necessary.
Known for his proactive street-smart advice & non-conflicted advocacy, NY Attorney Sean Hayes works with leading retired Korean judges, prosecutors and experienced Korean attorneys in leading contentious and transactional matters in Asia. First non-Korean lawyer employed by the Korean Court System. SeanHayes@ipglegal.com
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