Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:05-cv-00026-G|\/IS Document 8-2 Filed 06/23/2005 Page 1 of 3
0 EXHIBIT A

Case 1 :05-cv-00026-Gl\/IS Document 8-2 Filed 06/23/2005 Page 2 of 3
STATE OF DELAWARE ‘ i
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS — DISCRIMINATION UNIT f
- Mr. Harvey Jamison State Case No. - 04050458
4 Nethy Drive j
Newark, DE I97l1 U
Rent-A—Center, Inc. I
5700 Tennyson Parkway, Third Floor .
Plano, TX 75024
Attn: Ms. Donna Crump, Director, EEO Compliance Q
FINAL. DETERMINATION AND RIGHT TO SUE NOTICE
Pursuant to l9 Lg Q § '/I0, et seg., the parties in the above—captioned matter are hereby Noticed ofthe
Department’s Final Determination and Right to Sue Notice, as follows: 5
N0·C¢zu.s·e Derermirmrion and Dismissal with C erresperrdin g Right I0 S ue Notice.
In this case, the Department has completed its investigation and found that there is no reasonable cause
· to believe that an unlawful employment practice has occurred. The Department hereby issues a No—Cause P
Determination and Dismissal and provides the Charging Party with a,Delaware Right to Sue Notice. Q
This No Cause determination is based on the following facts: `
Charging Party submitted evidence that he discussed the possibility of outside employment with a
competitor of the Respondent, but that he did not actually perform work for that competitor. This led to
Charging Party’s discharge. It did not disqualify him for unemployment benetits. However, his I
entitlement to those benefits under the unemployment laws does not establish a presumption of i
discrimination. A
See the attached Notice of Rights.
This Final Determination is hereby issued on behalf of the Department of Labor, Division of Industrial
Affairs, Discrimination Unit. _
Hi d Zi . _ . ·
Date issued Juiiie IQ! Cutler, Supervisor/Administrator
V
Delaware Department ofLab0r, Division of Industrial Ajizirs, 4425 N Market St., Wilmington, DE 19802
DOL Form C·I2NC! 8/04 . _ l

Case 1 :05-cv-00026-Gl\/IS Document 8-2 Filed 06/23/2005 Page 3 of 3
Nortce or Dacnxvarts Ricnrs Q
" `
T/re Department of Labor Discrimination Unit proviries the following excerpt from 19
QL Q § 710, etseg. ns irr1"or·motio.·r :·egrr1·riir1gzlre Delaware Rig/it to Sire Notice. ljfyou need
iegni czcivica, please seek your own legal counsel. l `
§ 714. Civil action by the Charging Party;.Delaware Right to Sue Notice; election of `
remedies.
(a) A Charging Party may tile a civil action in Superior Court, after exhausting the
administrative remedies provided herein and receipt of a Delaware Right to Sue Notice
acknowledging same.
(b) The Delaware Right to Sue Notice shall include authorization for the Charging
Party to bring a civil action under this Chapter in Superior Court by instituting suit within ninety l
(90) days of its receipt or within ninety (90) days of receipt of a Federal Right to Sue Notice, g
whichever is later. - 2
(c) The Charging Party shall elect a Delaware or federal forum to prosecute the
employment discrimination cause of action so as to avoid unnecessary costs, delays and
_ duplicative litigation. A Charging Party is barred by this election of remedies from tiling cases
_ in both Superior Court and the federal fomm. lf the Charging Party tiles in Superior Court and i
in a federal forum, the Respondent may tile an application to dismiss the Superior Court action T
under this election of remedies provision. g
Nortce or Faneaat. Rionrs
l. lf your case was also tiled under federal law and resulted in a "No Cause" finding,
you have additional appeal rights with the Equal Employment Opportunity Commission. Under
g Section l60l .76 of EEOC’s regulations, you are entitled to request that EEOC perform a 5
Substantial Weight Review ofthe DDOL’s final finding. To obtain this review, you must -
request it by writing to EEOC within 15 days ofyorrr recent! of DDOL’s final finding in your _
case. Otherwise, EEOC will generally adopt the DDOL’s findings. i
2. lf your case was also tiled under federal law, you have the right to request a
federal Right to Sue Notice tirom the EEOC. To obtain such a federal Right to Sue Notice, you j
must make a written request directly to EEOC at the address shown below. Upon its receipt,
EEOC will issue you a Notice of Right to Sue and you will have ninety (90) days to tile suit.
The issuance of a Notice of Right to Sue will normally result in EEOC terminating all iirrthr
processing.
3. Requests tothe EEOC should be sent to:
Equal Employment Opportunity Commission
The Bourse, Suite 400 .
21 S. filth Street
Philadelphia, PA l9106-2515
- Delaware Department ofLrrbor, Division of Industrial Ajoirs, 4425 N. Mr1rIcerSt., Wilmington, DE I9802
DOL F¤n·n C-I3 : B/04 `