California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for your question. Are you online with me?
Welcome to the chat
First, if you have been retaliated against, you can file an additional claim with the EEOC for retaliation
If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.
Thank you. I have already filed an EEOC, but do not have a lawyer. I need help finding one because the opposing attorney representing the Agency I work for has requested a deposition and has sent me interrogatories.
There are couple of great ways to find an attorney in your area.
The first, is of course Martindale.com
Other great sites are www.lexmundi.com, www.justia.com, and www.lawyers.com
The difficulty I'm encountering is trying to find one that represents Public Sector employees. I work for the Federal gov't and it seems no one is taking cases. My case is already filed with the EEOC.
Have they given you a reason why they have not taken your case?
Do you know if it is because of the fact that you are a public sector employee? Or are there additional reasons?
Because most employment attorneys will take a good case regardless of whether or not it is public or private. While getting an attorney involved is always a good idea, it is not always required. For example, the interrogatories are just a set of questions set forth to try and understand the set of circumstances. As long as you do not lie, and make sure to make your case, then you can respond to them on your own. The one important thing to know is that without prior authorization from the Administrative Judge, a party may propound no more than one set of interrogatories, and this set shall contain no more than thirty interrogatories, including sub-parts. EEO MD-110, 7-17. Some of the legal requirements set forth for the deposition and interrogatories can be found here:
I have been talking with a family friend who is an attorney and discussing the merits of the case with him. He is a labor law specialist who thinks I have a very good case, but since he's not familiar with Federal law, he doesn't feel right taking the case. He recently informed to find a lawyer.
Here is a search of labor law specialists off of Martindale who specialize in federal cases
Is it reasonable to think that I might be able to find one who will help me with the interrogatories\deposition within 10 days?
It is not impossible, but it will be difficult. The problem is that the attorney would not be familiar with your case, and would have to review (I imagine) a decent amount of paperwork. But that being said, the sooner you start calling, the more likely you would be to find someone able to represent you.
It is possible that they may require a retainer from you.
As they may have to do a significant amount of work to immediately determine whether or not you have a case
Within a very short amount of time
I have to admit that it is strange that an employment attorney would not know both state and federal law, but if that is what he is telling you, then it definitely is in your best interest to call attorneys in your area until you find someone willing to take your case. The only thing I can think of is that he doesn't know federal civil procedure, and at this point, that is not required. Though, it is possible that he did not want to have to leave you if you ended up not settling the claim through the EEOC
Were you able to pull up that search I did for you?
Should knowledge of federal civil procedures be a factor for me in selecting a lawyer and how do I find out if s\he is knowledgeable?
So at this stage, no, because you are going through the EEOC complaint stage. If the EEOC is unable to reach a resolution, then you would receive a right to sue letter. At this point, you would file a claim in federal court. Then, they would need to know federal civil procedure. As to finding out, you can simply ask. Anyone who practices in federal court will know these rules. Anyone you find off of Martindale, will also know these rules.
But, if you talk to 5 different lawyers all willing to get involved within the next 10 days, then it can and should be a criteria to look into
Does that make sense?
It makes great sense and I just pulled up some of the information you supplied. Thank you for your help. If I wanted to talk with you again, is there a way to get you specifically after payment?
Yes, you can ask for me specifically by asking the question here:
If you would like to request me specifically in the future, you can do so here:
Have a wonderful rest of your day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).