If you have received a Right to Sue letter — from the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission Civil Rights Division (TWC or TWCCRD)— you must act immediately. These letters carry strict legal deadlines, and missing them can permanently end your ability to file a lawsuit, no matter how strong your case.
Call Texas Discrimination Attorney now for a free consultation: (512) 888-0853
| Letter Type | Agency | Court | Deadline |
|---|---|---|---|
| Dismissal & Notice of Rights | EEOC | Federal Court | ⚠️ 90 days |
| Notice of Right to Sue | TWC Civil Rights Division | Texas State Court | ⚠️ 60 days OR 2 years from charge filing — whichever is sooner |
What Is a Right to Sue Letter?
A “Right to Sue” letter is an official notice from a government agency that gives you permission — and a deadline — to file a discrimination or retaliation lawsuit in federal or state court. Before you can sue your employer for most types of workplace discrimination in Texas, you must first file a charge with the EEOC or the TWC Civil Rights Division and receive this letter.
There are two types of Right to Sue letters in Texas, depending on which agency handled your charge:
Before you receive a Right to Sue letter, you must first file a charge of discrimination with the EEOC or the TWC Civil Rights Division. Our attorneys can represent you throughout the entire charge process — from filing your initial charge all the way through litigation if needed.
1. EEOC “Dismissal and Notice of Rights”
The Equal Employment Opportunity Commission (EEOC) issues a document officially titled “Dismissal and Notice of Rights” — but it is commonly known as a Right to Sue letter. This is issued when:
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- The EEOC closes your charge without finding a violation (“no cause” determination)
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- The EEOC is unable to complete its investigation within 180 days
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- You request early issuance of the notice before the investigation concludes
⚠️ Deadline: You have only 90 days to file your federal lawsuit. This deadline is strictly enforced. Courts regularly dismiss cases filed even one day late.
2. TWC Civil Rights Division “Notice of Right to Sue”
The Texas Workforce Commission Civil Rights Division issues a “Notice of Right to Sue” when it closes a charge filed under the Texas Commission on Human Rights Act (TCHRA). This letter allows you to pursue your claim in Texas state court.
⚠️ TWC Deadline: You must file your state court lawsuit within whichever comes first:
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- 60 days, OR
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- 2 years from the date your charge was originally filed with the TWC
This “whichever is sooner” rule creates a critical trap: if the TWC took close to two years to investigate your charge and then issued your Right to Sue letter, you may have little to no time left to file your lawsuit — even if you received the letter the same day. Do not wait for the 60-day window. Call an attorney the moment your charge is filed.
Why These Deadlines Are Critical
The deadlines imposed by Right to Sue letters are among the strictest in employment law. Unlike many other legal deadlines, courts almost never grant extensions — even if:
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- You didn’t understand what the letter meant
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- You were trying to settle with your employer
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- You were still looking for an attorney
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- You were sick or dealing with a family emergency
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- You thought you had more time
Once the deadline passes, your right to sue is gone — permanently. No attorney can file your case, and no court can hear it. This is why it is absolutely essential to contact an employment attorney the moment you receive this letter.
What to Do the Moment You Receive Your Letter
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- Do not wait. Do not assume you have plenty of time. Do not wait to “think about it.” The clock is already running.
- Contact an employment attorney immediately. An attorney needs time to review your case, gather evidence, and prepare your complaint and/or try to get your case settled before the deadline. Calling the day before your deadline is likely too late.
What Claims Can I Sue For?
The Right to Sue letter authorizes you to file a lawsuit based on the claims listed in your original EEOC or TWC charge. Common claims include:
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- Race, color, or national origin discrimination (Title VII / TCHRA)
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- Sex or gender discrimination (Title VII / TCHRA)
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- Sexual harassment (Title VII / TCHRA)
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- Age discrimination (Age Discrimination in Employment Act)
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- Disability discrimination (Americans with Disabilities Act / TCHRA)
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- Pregnancy discrimination (Pregnancy Discrimination Act)
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- Religious discrimination (Title VII / TCHRA)
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- Retaliation for reporting or opposing discrimination
You can only sue on claims that were included in your original charge. This is another reason why having an attorney from the very beginning — before you even file with the EEOC or TWC — is important.
Receiving a Right to Sue Letter Does Not Mean You Lost
Many employees mistakenly believe that receiving a “Dismissal and Notice of Rights” from the EEOC means their case was rejected or that they have no claim. That is not true.
The EEOC closes the vast majority of charges without finding a violation — not because the employee has no case, but because the EEOC does not have the resources to fully investigate every charge. A “no cause” determination from the EEOC simply means the agency will not pursue your case on your behalf. You still have the right to pursue it yourself in federal court.
Many employees who received “no cause” findings from the EEOC have gone on to win significant verdicts in court or settlements with the help of a private employment attorney.
Call Us Immediately — Free Consultation
If you have received a Right to Sue letter from the EEOC or the TWC Civil Rights Division, do not wait. Every day counts. Our experienced Texas employment discrimination attorneys will review your case at no charge and tell you exactly where you stand.
We handle employment discrimination and retaliation cases across Texas mostly on a contingency fee basis — meaning you pay nothing unless we win your case.
Book a Free Confidential Consultation, or Call now: (512) 888-0853
The Law Office of Jack Quentin Nichols, PLLC
Texas Discrimination Attorney | Texas Employment, Retaliation & Sexual Harassment Attorney | 28 Years of Experience
Licensed by the State Bar of Texas since 1997 | Former Texas Attorney General’s Office representing the Texas Workforce Commission |
Member: State Bar of Texas — Labor & Employment Section & Texas Employment Lawyers Association (TELA)
Admitted to practice before the United States Court of Appeals for the 5th Circuit and the
United States District Courts for the Western, Southern, Northern, and Eastern Districts of Texas.
Representing employees in Austin, Houston, San Antonio & all of Texas.
Book a Free Confidential Consultation ☎ (512) 595-1269
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