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Should I get an attorney after filing age discrimination complaint with EEOC or before?

Norcross, GA |

When should I get an attorney if I am a victim of age discrimination? I am thinking about filing discrimination complaint with EEOC. Should I hire attorney before or after?

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Attorney Answers 3

Posted

I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

You should get an attorney as early as possible! There are many things an attorney can do early on, and sometimes, an attorney can prevent something bad from happening. Some examples: your attorney can contact your employer and try to resolve the problem, and let the employer know you will hold off on filing an EEOC charge while you and the attorney are trying to resolve the problem (as long as the time limit doesn't get too close); your attorney can make sure the EEOC filing is done accurately and uses language that provides you with the strongest protection; the attorney can identify which facts are most helpful to establishing your legal claim (note these are often very different from establishing a moral claim); if you are still working, sometimes an attorney can protect an employee from getting fired; and more.

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.

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

*** 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. ***

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Marilynn Mika Spencer

Marilynn Mika Spencer

Posted

"Discrimination" means "to treat differently." Not all discrimination is unlawful. Please look at my guide to unlawful discrimination: http://www.avvo.com/legal-guides/ugc/what-is-unlawful-employment-discrimination--federal-law?published=true which should help you understand lawful and unlawful discrimination.

Posted

I prefer to work with my clients prior to their filing with the EEOC. I would be happy to offer you a free initial consultation by phone. If you are interested, please click the link below and complete our consultation request form:

http://www.fidlonlegal.com/consultation_request.html

This forum is designed to provide general information only. The information provided does not constitute legal advice and no attorney-client relationship has been established. You waive any right to confidentiality by posting information on this site. Communications on this site do not and cannot substitute for a full consultation with an attorney practicing in your jurisdiction, and you are encouraged to consult with such an attorney for guidance regarding your individual circumstances. Do not take any action or inaction based on information presented herein since it may not be accurate or applicable to you.

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Posted

Definitely prior to filing the EEOC complaint.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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