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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6683
Experience:  Significant experience in all areas of employment law.
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Hi, I have also discrimination and retaliation issue at Union

Customer Question

Hi, I have also discrimination and retaliation issue at Union Pacific Railroad, also I already summited to eeoc, but I thought that eeoc is support to be neutral, but according to eeoc dismissing was take a side on powerful people or lack of full investigation, now my situation was hopeless and helpless, any one to give me advise or help me out, I know that I am really up hill battles...
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 10 months ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your EEOC struggles.

With the conclusion of your EEOC claim, the EEOC should have issued what is commonly referred to as a "right to sue" letter. That letter provides you with the ability to take your next step, which is to initiate a lawsuit in civil court. Take some comfort in knowing that most EEOC claimants are issued right to sue letters and must pursue their claims in civil court. The EEOC only prosecutes cases to judgment in a small fraction of instances, so this is far from the end of the road--really it's just the beginning.

What you now need to do is find an attorney to assist you on a contingency fee basis and sue in civil court. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim). This is a great way for low income litigants to be able to afford access to the civil justice system.

With your attorney, you will file a lawsuit, and either leverage a settlement of your claims or try the case before a jury to determine liability and damages. To locate an employment law attorney who can assist you in taking these steps, a tremendous resource is the California Employment Lawyers Association. See here to locate a CELA member: http://www.cela.org/?page=4

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Customer: replied 10 months ago.


I do have right to sue letter, but most lawer don't want to deal with contingency fee arrangement, also as soon as I told my Co., name they don't want to take it.

Expert:  Patrick, Esq. replied 10 months ago.

Myat,

Thank you so much for your reply. Do not be discouraged if you are rejected by the first few attorneys that you contact. Attorneys have many different reasons for rejecting a case and a few rejections doesn't mean you don't have a viable claim.

Boil down the essence of your claim to a "pitch" that you can deliver over the phone in less than 60 seconds. Give the attorneys a summary of your evidence up front and the reasons why your case is likely to succeed--this will make them more likely to consider investing the time and money necessary to help you. If you are still having trouble locating someone to assist you, then you may want to target younger attorneys, who tend to be a bit little bit less selective when it comes to the cases they accept, since they don't get the same number of calls as do more established attorneys.

Finally, if your damages are not terribly significant, you may wish to file suit in small claims court. You will be limited to recovering no more than $10,000, but the procedure is vastly simplified and you can easily represent yourself. In California small claims court, attorneys are not allowed to appear, and so you would not be "mismatched" against the legal "big guns" of your employer.

For more information on CA cmall claims court, see here: http://www.dca.ca.gov/publications/small_claims/

Again, please feel free to let me know if you have any further concerns.

Patrick, Esq., Lawyer
Satisfied Customers: 6683
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
Acturally my damages was i will never promoted on those position, as far as I can see on LA base there is no people from my country nor my race, also I am not seeking for money, I am only seeking for my right and my people, most of my people are quiet and hard working so they take advantage of me and my people, but everybody scare to come forward.
Also I was surprise about fedural justiced system eeoc on this case, why they not take secrious????? They just excuse they have ton of work load. Take a side of powerful people or compeny. Or lack of investigation or just doing third party messenger????? Why it that?????
Now I become a silent victim with hopeless and helpless.
Expert:  Patrick, Esq. replied 10 months ago.
Myat,

I am very sorry to hear about your situation and completely understand why you are frustrated.

I am not sure if your question is intended to be rhetorical, but I confirm for you that the EEOC does receive hundreds of complaints a day and so it is impossible for them to give each case the full attention it deserves.

Again, this does not mean your case has no merit. The appropriate avenue of recourse is the civil justice system. If small claims is not an option for you, then you must sue in general civil court. While you can do so "pro se," meaning unrepresented by legal counsel, it would be extremely wise of you to hire an attorney.

If I may ask, though, you state that you are not seeking money but vindication--if that's the case, then why not just sue in small claims court? That will provide you with vindication, and since money is not your concern, the damages cap should not be an issue. Seems like that may be the best option. Of course, only you can decide what to do.

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