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Hello and thank you for contacting JA. My name is XXXXX XXXXX I am a practicing CA employment law attorney. My goal here is to provide legal information and insight into your question. I understand from your situation that you are very upset and distressed by what you perceive as the mishandling of your disability discrimination case by your attorney. You filed with the EEOC, but the attorney decided to pursue your claim under CA statutory law known as the Fair Employment and Housing Act. While I do not know the specific facts of your case and disability, CA law pursuant to FEHA, can often be more generous to employees, because it provides a wider scope of protection and definition for disability discrimination. It appears that you were bound by an arbitration agreement, and the arbitrator found in favor of the employer. If the arbitration provision between you and your employer subjected your claim to binding arbitration, unfortunately you will not be able to appeal the arbitrator's decision.
However, I understand and appreciate how disappointed you are in the result of your case. You asked about finding an attorney who can appeal your case, but that is not the appropriate legal recourse for you now unless your arbitration was non-binding, which is unlikely. What you would consider doing, if you reasonably believe that your attorney was professionally negligent in representing your interests, is to file a complaint with the State Bar of CA and make a claim against the attorney for professional [legal] negligence. As with any profession, there are mostly competent skilled professionals and only a handful of 'bad eggs' who give everyone else a bad name. Perhaps your lawyer made an error in judgment; that can happen. The botXXXXX XXXXXne is that if you are correct and your attorney breached his duty to competently represent your interests, you may be able to sue him for negligence and recover against the attorney's professional liability insurance.
I sure hope this helps give you some clarity and guidance on this situation. I am very sorry that things did not work out favorably in arbitration, but you do have legal recourse against your attorney if you can prove that he negligently represented you, and you were damaged as a result. My goal is to help my customers, so if you have a follow up, please click reply to expert and I will respond. I sincerely XXXXX XXXXX the best in 2012 and beyond.
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