I was wrongfully terminated. I filed a complaint with the EEOC. It was accepted and since has gone to the Fed Level.

Asked over 1 year ago - Reno, NV

I have received a "Right to Sue" letter from the Federal Office in Los Angeles. I have won all the way against my Employer, including from the Nevada DETR, citing several Court Cases in my favor and a final ruling in my favor. I have 7 witness with signed statements to what happened. An appointment with an Attorney, it was said my case had good merit but he couldnt take my case because he would be out of town. I hired another attorney and he took my money and disappeared. I have filed my case in Fed Court myself on time. Can I take this case on myself? The EEOC has done all the leg work and not much else has to be done. I have my Investigation File by the EEOC received recently. If I cannot take this on myself, is there an Attorney out there that will take on as a contingency?

Attorney answers (4)

  1. Bruce Kent Snyder

    Contributor Level 5

    2

    Lawyers agree

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    Answered . I agree with Ms. McCall. The Notice of Right to Sue can only be viewed as your "ticket" that entitles you to file a lawsuit. Everything that has happened to-date in your case is only a prelude to much more to come. You will need to file a complaint, prepare and defend motions, conduct written discovery, and take depositions.

    For 99% of persons this is well beyond their scope. You state that the EEOC has done all the leg work and not much else has to be done. There will be much yet to do in your case as describe in the prior paragraph.

    The most critical thing now is to find an attorney because you are under a very important deadline. You must have a lawsuit filed in court within 90 days of receipt of the notice of right to sue. If the lawsuit is not filed by then you will be forever barred from filing the lawsuit.

    I don't know whether an attorney will take your case on contingency or not. Much will depend on the merit of your case. Everyone believes they have a good case. You need to shop your case (and documents) to attorneys as soon as possible.

    I used to work for the U.S. EEOC and also for a state agency as an investigator. I currently handle discrimination cases, but there are also other good attorneys out there. I wish you well.

  2. Stephen F Wallace

    Contributor Level 19

    3

    Lawyers agree

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    Answered . A right to sue is a right for you to expend your hard earned money on a federal lawsuit instead of the government's. This is the sum total of the facts. You can have the perfect case, but the government does not want to spend money on it. You must continue to shop around with attorneys to find one to work on a reduced retainer or none expecting an attorneys fee award under Title 7. Fees and costs are routinely awarded to prevailing parties absent “special circumstances.” Qazie v. Secretary of Interior, EEOC Appeal No. 01873357 (1988), citing Newman v. Piggie Park Enterprises, 390 U.S. 400 (1975). Time spent by an attorney defending a fee award is compensable time. See, e.g., Black v. Secretary of Army, EEOC Appeal No. 05960390 (1998).

    Check back with your EEOC officer for a list of attorneys that would prosecute this case for you.

  3. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

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    Answered . The EEOC will issue a "notice of Right to Sue" to every claimant in virtually every case. The NRTS does not represent a finding of fault or discrimination, nor will it suffice to prove your claim in court. Very likely there remains substantial work to be done in this case -- far beyond what you can expect to competently perform yourself.

    Use the Avvo find a lawyer feature (Discrimination law or employment law), or go to www.nela.org to find a skilled and experienced attorney who will accept your matter on contingency.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  4. Nicholas M. McLeod

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . You describe some very serious allegations of misconduct by your attorney. You could file a claim with your state's bar and/or attorney regulatory agency against the lawyer who allegedly took your money. You may even be able to recover your fees, as many states operate funds to reimburse wronged individuals such as yourself. You should call around. If your case is as strong as you say, you should not have a problem finding an employment lawyer to represent you on a straight contingency.

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