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I am a federal employee with a very strong EEO case. Do any lawyers ever take these cases on a contingency basis?

Philadelphia, PA |

Disability discrimination, retaliation for filing a complaint, and (directed reassignment from Philadelphia to DC even though I have successfully done this work in Philly for over 19 years. I have an excellent record in terms of my eputation and my performance reviews. I have lead a team and have trained many people to do this work. This is very clearly a case of retaliation and discrimination (cancer in remission and PTSD, temporary). You would not believe the things my supervisr said to me. i have witnesses. It is a sure win. I know it. I have TONS of evidence. I also have three other women who have given statements about howhe harassed them into leaving their jobs and are willing to do so under oath. The agency is protecting my supervisor for unknown reasons.

Attorney Answers 5


  1. Often times attorneys will take EEOC cases on a contingency basis, but it usually will depend on a whole variety of factors including the amount of damages involved, the evidence that you have and the time that the attorney would have to prepare for the hearing and/or complete additional discovery.

    You should certainly consult with an attorney regarding your situation and talk openly with them about the type of fee arrangement that you are seeking. Many attorneys are flexible with their approaches to fees. You might want to try finding a lawyer in your area through the National Employment Lawyers Association www.nela.org or by calling your local or state bar associations. Good luck.


  2. It depends on the case. You should consult with a local attorney for an initial consultation.

    This answer is for informational purposes only and does not in anyway constitute and/or form an attorney-client relationship.


  3. Yes, employee rights lawyers do sometimes represent people on a contingency fee basis. That decision is based on a number of factors, including the potential value of the person's case (what are the possible and recoverable damages), what has happened or not happened already in the case (has anything been filed, where, when), how the person presents in person as a witness (are they empathetic, credible), and what are the strengths and weaknesses of the case (are their witnesses, documents that support the case).

    Give you are a federal employee, it may be beneficial for you to hire a lawyer who has experience handling federal employee matters. Good luck pursuing your case and thanks for using Avvo to help you pursue justice.


  4. You MUST have an attorney who is familiar with the federal EEO process. It is completely different from the private sector process. The time limits are extremely short and many attorneys who are not familiar with the federal process miss those deadlines and lose the case due to missing a deadline. This may be malpractice, but those cases are difficult to win. And your real battle is with the employer, so get the right kind of attorney.

    Please see my Avvo guide to the EEO complaint process for federal government employees: http://www.avvo.com/legal-guides/ugc/summary-of-federal-employees-eeo-discrimination-complaint-process?published=true.

    You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing. Be sure the attorney notes he or she is experienced representing federal employees.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


  5. You should note that, in my experience, clients who tell me how good their case is are trouble. Especially representing employees, there are no slam dunks.

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