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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1819
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am a govt worker and believe I have been retaliated against

Customer Question

I am a gov't worker and believe I have been retaliated against by a supervisor due to my involvement in protected activity. How can I find representation for my EEO complaint?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question. Are you online with me?

Employment-LawExpert :

Welcome to the chat

JACUSTOMER-fwzujcqd- :

yes

Employment-LawExpert :

First, if you have been retaliated against, you can file an additional claim with the EEOC for retaliation

Employment-LawExpert :

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.

JACUSTOMER-fwzujcqd- :

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.

Employment-LawExpert :

There are couple of great ways to find an attorney in your area.

Employment-LawExpert :

The first, is of course Martindale.com

Employment-LawExpert :

Other great sites are www.lexmundi.com, www.justia.com, and www.lawyers.com

Employment-LawExpert :

Also, http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

JACUSTOMER-fwzujcqd- :

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.

Employment-LawExpert :

Have they given you a reason why they have not taken your case?

Employment-LawExpert :

Do you know if it is because of the fact that you are a public sector employee? Or are there additional reasons?

Employment-LawExpert :

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:

Employment-LawExpert :

http://www.eeoc.gov/federal/ajhandbook.cfm

JACUSTOMER-fwzujcqd- :

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.

Employment-LawExpert :

Here is a search of labor law specialists off of Martindale who specialize in federal cases

Employment-LawExpert :

http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=federal%20employment%20law%20california

JACUSTOMER-fwzujcqd- :

Is it reasonable to think that I might be able to find one who will help me with the interrogatories\deposition within 10 days?

Employment-LawExpert :

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.

Employment-LawExpert :

It is possible that they may require a retainer from you.

Employment-LawExpert :

As they may have to do a significant amount of work to immediately determine whether or not you have a case

Employment-LawExpert :

Within a very short amount of time

Employment-LawExpert :

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

Employment-LawExpert :

Were you able to pull up that search I did for you?

JACUSTOMER-fwzujcqd- :

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?

Employment-LawExpert :

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.

Employment-LawExpert :

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

Employment-LawExpert :

Does that make sense?

JACUSTOMER-fwzujcqd- :

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?

Employment-LawExpert :

Yes, you can ask for me specifically by asking the question here:

Brandon, Esq., Lawyer
Satisfied Customers: 1819
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 4 other California Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.

If you would like to request me specifically in the future, you can do so here:

http://www.justanswer.com/law/expert-accident-expert/

Have a wonderful rest of your day.

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