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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17137
Experience:  B.A.; M.B.A.; J.D.
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I am at the hearing stage of a Federal Sector EEO complaint

Customer Question

I am at the hearing stage of a Federal Sector EEO complaint and I've represented myself up to this point. I am needing to write a demand letter and I don't know what to say. Please help.
Submitted: 3 months ago.
Category: Employment Law
Customer: replied 3 months ago.
The original claim was for retaliation, ongoing harassment, non selection, low coaching evaluation. Original claim of retaliation and harassment going back three years was dismissed, I requested reinstatement through the EEOC AJ and because they argued that a prior Union grievance for violations of FMLA are not stating a claim due to jurisdiction. However, the claim WAS amended twice for instant retaliation.The claims that stand are non selection due to race, disability and a low evaluation, amended to include instant retaliation for a low departure rating and non selection for a detail. I believe that the harassment can still be proven even without the ongoing harassment claim being accepted. I believe it lead to the non selection that was accepted and I can prove ongoing non selection by the same managment official. I think that EEOC is claiming jurisdictional issues due to the dismissed portion falling more under a whistleblower claim for PPP.Please help me get started on my demand letter.
Expert:  Phillips Esq. replied 3 months ago.

I am sorry to read about your difficulties. Unfortunately, I cannot tell you how specifically to write your demand letter. This would be considered giving you legal advice in violation of the site's terms of service. Nevertheless, a good demand letter would persuade the employer that you have a good case and that the chances of you prevailing in Court are quite great and thus the employer should offer you a reasonable settlement without going to Court. So, the demand letter must describe your claims and the reasons that you think that you ultimately prevail. Click here for sample demand letter.

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Thank you for your cooperation.

Customer: replied 3 months ago.
One last question to help me clarify. Do you think that a case that goes to civil suit has a higher value than one that is resolved through the federal sector EEO hearing process? If so, would that be appropriate to reference?
Expert:  Phillips Esq. replied 3 months ago.

Yes. Also, you have to add litigation costs including filing fees and Attorney fees.

Customer: replied 3 months ago.
Can you give me any sort of estimate for five star rating? Lol, I am between a rock and a hard place and am having difficulty finding representation for my complex case. All attorney's realized that with a statutory cap of 300,000.00 and the time consumption it isn't worth it, so those who did no longer do it. If a case gets filed in civil court, would that make it easier finding a lawyer, do you think?
Expert:  Phillips Esq. replied 3 months ago.

The Attorney's fee. Most Attorneys would not accept to litigate the case for less than $15,000.00 even if the Attorneys are going to be awarded Attorneys' fee. The Attorneys want to be guaranteed a minimum fee. With EEOC complaint, the fee for Attorneys is $0.00 to about $3,000.00. So, a big difference in the fees that the Attorneys can get.

Customer: replied 3 months ago.
Contingent lawyers get half? Is that right?
Expert:  Phillips Esq. replied 3 months ago.

That is not always the case. The percentage of the Attorney's fee would depend on the agreement between the employee and the Attorney. Generally, contingency fee is at 331/3 %.