loss of use
I was terminated by Commerce Bank in VA. I have fighting for the past 8 months trying to get a copy of an ''action plan'' and personal effects from the bank. The ''action plan'' banned my religion and segargated me from the rest of the staff. I have filed with the EEOC. I was told by the bank that everything was mailed to me via UPS in August 2006. The bank doesn't have teh tracking number nor can they prove that they mailed it. Can I sue for loss of use, destruction of evidence, spoliation etc? Among the personal effects are letters from my deceased grandmother.
Re: loss of use
At this apparent stage of your case, I would let the EEOC folks handle it in terms of investigating your claim(s) and securing the necessary evidence to back them up.
Until they find that your claims have at least some merit and issue you a so-called "Right To Sue Letter"(in federal court), your case isn't going anywhere.