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Question

I have a case of sexual harrassment, retaliation and pregnancy discrimination in federal court against my previous employer. Their attorney contacted me and asked what I wanted and I calculated two year salary plus emotional distress and punitive damages. The attorney said I can not get what I want which is $84,000 because they found out after termination that I had a felony. They are trying to negotiate. I do have a witness and their attorney asked me to send all documents I have about the case to him. When I requested from him documents he stated that is a different procedure. I do want to settle and I dont know what to ask for being that I am representing myself. The attorney also told me I had better hurry up and make a decision because the property is going into foreclosure and they will be closing the comapny and filing bankruptcy. Please I need some kind of direction as to my rights here. What do I need to do? I could not afford an attorney for federal court. please help

Submitted: 146 days and 2 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Posted by JB Umphrey 146 days and 2 hours ago.

Info Request

Thank you for using JustAnswer!

 

Before you filed your lawsuit, had you filed a complaint with the EEOC?

146 days and 2 hours ago.

Reply

yes i filed with EEOC and they Determined I had a right to sue. I had within 90 days to file in Federal court. That is completed Their Attorney recently asked the judge in a Motion to continue the case for an extended 30 days because he was going out of the country. It was granted on courtesy of a personal request communicated over the telephone by the Attorney and I. He is now back and has contacted me with the above or first question I request.

Posted by JB Umphrey 146 days and 2 hours ago.

Info Request

How many employment attorneys did you consult with before deciding to file the lawsuit on your own?

146 days and 2 hours ago.

Reply

One, whom carried the case to EEOC for me.Approximately one full year and a contract signed until I received the Right to Sue letter which came directly to him (my Attorney) first. My attorney stated in order for him to take the case to Federal court he would have to attain $10,000 as the retainer. I surely do not have this.... My life and completely went into a downward spiral because of the sexual harrassment. I felt all of my hard work was in vain and I was and now being treated like a liar. This is not something that any one woman with morals wouldn't contemplate. Please by all means I am open to discuss any nature of this case in detail if need be to get the best of advice on this matter.

Posted by JB Umphrey 146 days and 1 hours ago.

Answer

It's important that you be represented by an attorney in this matter to ensure that all of your rights are protected.

 

Let me let you in on a secret: if you have a strong case, a decent employment lawyer will not charge to represent you. They only charge if they're not confident in the case and they want to make sure that they don't work for nothing.

 

However, a decent employment lawyer knows a strong case and is willing to take cases on a contingency basis (in other words, they only get paid if you get paid).

 

Because the other attorney wants to discuss settlement with you, that probably means that there's something going on that they are concerned about.

 

So, you should start calling around to some other local employment attorneys. Meet with three of them. Find one that you are comfortable with and who will work on a contingency basis. Since the other attorney wants to deal, you probably will have little problem finding an attorney to represent you on a contingency basis.

 

Good luck and best wishes! I hope that you find this information to be helfpul and this answer to be ACCEPTable!

146 days and 1 hours ago.

Reply

That is why I am contacting Just Answer Law....I do understand I must consult and attorney.. Thank you, but I am expecting an educated answer to my questions. My Court date is set for the last week of October..I do not have time to reach into the research of an attorney. If I need to consult another expert by all means I have no reluctance of such. I do greatly appreciate you.

Posted by JB Umphrey 146 days and 1 hours ago.

Answer

JustAnswer is not an attorney referral service. You can go to www.lawyers.com and search for employment attorneys in your area, check out their websites, call their offices and make appointments.

 

If another attorney agrees to take your case, the attorney will file an appearance in federal court, and will be able to obtain an adjournment.

 

It really is important that you be represented, in person, by an attorney to avoid the chance that you are taken advantage by your ex-employer's attorney.

145 days and 7 hours ago.

Reply

I have not use this service for the first time...there are attorneys online who get to the point for me. At anyrate Thank you anyway

Accepted Answer

You are welcome. It's important to recogize that, in your current situation, you need an attorney in-person who can review your file, your documents, and meet with the other attorney in order to fully assess and advise you on your situation.

 

I am sure that you have done a great job to get where you're at right now in this matter. However, the situation you find yourself in right now, is a rather unusual legal posture. Usually, the employer's attorney is not willing to strike a deal with an unrepresented plaintiff. There is something else going on in your situation and it's really going to take an in-person attorney to assess and get a handle on. My concerns for your situation is compounded by the employer's attorneys insistence on rushing you into a settlement.

 

I hope you can appreciate that it's not always possible to "get to the point" for you when there are other critical matters that first need to be evaluated and, in those circumstances, the answer is: there are other critical matters in your situation that need to be evaluated by an in-person attorney.

 

And, like I suggested before, you can find an employment attorney who is not going to charge you money up-front but, rather, will only charge a contingency fee in the event you receive any money from your employer.

 

Good luck and best wishes!

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Expert: JB Umphrey
Pos. Feedback: 98.0 %
Accepts: 2962
Answered: 10/25/2009

Attorney

Michigan lawyer who explains basic criminal, consumer, and contract-related matters.

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