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Do I have to pay my employer's attorney's fees if I did not win my discrimination case?

Boynton Beach, FL |

I have hired an attorney to file a discrimination case against my employer which is a hospital with over 3000 employees. If I did not win the discrimination case do I have to pay my employer's attorneys fees?. Also, the EEOC responded to my request for the right to sue letter. They said the investigation is terminated since it will take more than 180 days. Is this an indication that my chances are going to be slimmer to win the case?

Attorney Answers 3

Posted

Whether or not you have to pay the attorney's fees of your employer depends on the type of relief requested by their attorney's during the course of the case and what, if any relief was granted by the judge/administrative body/etc. If the EEOC did not issue a determination and merely terminated their investigation because the 180 deadline has passed, that does not necessarily give any indication on your chances of winning. As mentioned by the prior commentor, you should discuss these issues/questions/concerns with your attorney--if nothing more than to get your money's worth. Good luck!

Any comments provided herein are not to be construed as legal advice, and I do not warrant/guarantee any of these comments. Further, my views do not represent the views of this website, my employer, or anyone other than me. Should you need legal advice or to discuss the matter further, please contact your local state bar association for a referral as I am not representing private clients.

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Posted

Since you have an attorney, you need to be asking your attorney these questions. We are not here to second guess retained counsel.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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4 comments

Asker

Posted

Maybe my attorney has not been honest with me just to be retained. Have you thought about that? And yes he has not been honest .

Christine C McCall

Christine C McCall

Posted

If you have doubts about the honesty of your attorney at this early stage of the matter, change counsel ASAP. There is no percentage in going forward in a damaged attorney-client relationship.

Heather Morcroft

Heather Morcroft

Posted

Trust is essential, if you don't trust your attorney now, it will only get worse.

Heather Morcroft

Heather Morcroft

Posted

Also, your attorney has probably not lied to you. This is not a yes or no answer, but depends a lot on what happens in the case. If your attorney took your case, then the attorney believes that it has a meritorious basis, which makes it unlikely that you would have to pay the employer's fees. That's why you need to talk to either the lawyer you already have, or the next lawyer you hire, to make sure you understand when and if the employer could recover fees, and what limitations there may be on that. Any lawsuit is a risk, and not every possible outcome can be predicted or prepared for in advance. Your lawyer should be able to give you an idea of the types of situations in which fees might be charged to an employee, but again, I doubt he lied to you to get a retainer. That would be a recipe for disaster, and would not further either your interests or the lawyers. If you hope to survive the stress of litigation, you have to have some capacity for living with uncertainty.

Posted

If all you did was file an EEOC charge the answer is "no" and the employer's attempt to collect then may create a case for you all by itself.

The EEOC lacks the resources to investigate fully the charges that are filed. I would not place much weight on its dismissal.

You should get a free consultation from a qualified lawyer .

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