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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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I work for the USDA US Forest Service and have been working

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I work for the USDA US Forest Service and have been working on a discriminnation case for two years and the case i decided to rescind my case. Q- Can i still sue/ ask for punitive damages or any damages that pertain to emotional stress, and file suit for other agency person falsifing a governmentr documents to build a case against me. The agency decided to rescind the suspension and i am, trying to settle my expenses, back pay interest, pay correction while i was on administrative leave, legal consultants fees (non lawyer fees) . Can i get a lawyer with no money down or when i win i then pay? Larry Weaver-XXX@XXXXXX.XXX, XXX-XXX-XXXX
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Did you file a complaint with the Department of Fair Employment and Housing or the EEOC regarding the discrimination?
Customer: replied 2 years ago.

Yes i did (EEOC) and then the agency rescinded my suspension (a year and half later) and i still had my case of discrimination against the agency, then we ask/ went to medeation to settle for corrections to the back pay and my expenses and i would of dropped the discimination case but with no result(agency did not try to solve issues and they were unprepaired and not willing to even do a settlement). Now its been two years.


So we just went back into EEOC (July-August 2012), i was to have a disposistion and this is when i decided to rescinde the discrinination case. So the disposistion was conceled and my legal consultants are working on my list of expenses right now, plus we are trying to get thier fees also paid for. But i am being told becuse they were not lawyers i may not get that cost back. I stated i went through lawyer referal and talk with 6 lawyers who once herd that i was working for the government and my case was against the government they said no thank you, XXXXX XXXXX tie up resorces or time to fight againts the government. So with that being said i was told about these legal consultants and hired them since no lawyer would help me. Thats my claim for hiring them instead of a lawyer. I had no choice!. EEOC Judges Order now has it that i did conceled my discrimination case and we are working on my expense list.which has to be in by August 7, 2012. This is were i stand as today.

Expert:  Joseph replied 2 years ago.
Did you receive a 'right to sue' letter from the EEOC? If so, when did you receive it? When did you suffer from emotional stress?

Was that at the time of the discrimination, or do you mean you suffered from emotional stress due to their opposition to your case?
Expert:  Joseph replied 2 years ago.
The statute of limitations for emotional distress is two years, so you would still be able to sue for emotional distress as long as the emotional distress occured within the past two years.

The statute of limitations for fraud is three years, so you could sue relating to the fraudulent document within three years of discovering the fraud.

You can hire an attorney on a contingency basis, so you'd only have to compensate the attorney if you receive a settlement or a verdict in your favor.

You can find an attorney online here:

www.lawyers.com
Customer: replied 2 years ago.

Letter to sue would of been when or if i lost my first part of the EEOC which i think was and half year ago, who would i check to see what dates. I guess call EEOC. Suffer from emotional stree was from March 2010 to when i decided to rescinde my discrimination claim. During the first six months the agency tried to fire me but suspended me instead and i keep my discrimination claim going till the agency and we found my due process was denied.


Yes my stress was in the last two years uo to this date. This thing started March 2010 and we are still fighting my case.

Expert:  Joseph replied 2 years ago.
Yes, you should check with the EEOC. Unfortunately, you only have one year from the date that you receive your right to sue letter to file suit, so you wouldn't be able to still sue for discrimination.
Customer: replied 2 years ago.

I stand to be corrected, its been so stressful.


I was denied EEOC and we went to Merit System Protection Board and thats where we are now.


Does this make a difference?


I am also looking for a lawyer who would take the case with out a $7500.00 retanner. I got one such call, i do not have or can get that type of money, not knowing for sure how it would come out, if i would win or not?

Expert:  Joseph replied 2 years ago.
Yes, that does make a difference. Unfortunately, the statute of limitations has passed on your EEOC claim, so any cause of action that you may have would be extremely limited.

I would definitely suggest that you find an attorney who is willing to take the case without such a high retainer, especially since I would judge the chances of success in your case as minimal at best.
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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Joseph
Joseph
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