If you are the plaintiff in an employment law action, then it is likely that you can obtain counsel on a contingent fee arrangement if your case is evaluated as having sufficient merit. On a contingent fee arrangement, your attorney's fees will be deferred until there is a successful recovery of damages in the case. Use the Find a Lawyer feature hereon Avvo or try www.cela.org
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Maybe this will help. If you are having trouble finding an attorney for your case, there are several possibilities:
-- you are not looking in the right place for the right kind of attorney;
-- your case does not have as much value as you think; or
-- you are not presenting your case in a way that makes sense to the attorneys.
Employment attorneys want certain information right up front: the name of the defendant, the name of the employee; if the employee was fired (or denied reasonable accommodation, or laid off, or whatever the issue is, in five words or less); the date this happened; the reason the employer gave for whatever happened; how long the employee worked for the defendant; what job the employee did; how much the employee made; and any deadline.
And I completely agree with Ms. McCall that an excellent way to find a plaintiffs employment attorney is via the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope you can resolve your situation and wish you the best.
Marilynn Mika Spencer
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. ***
The other attorneys who answered your question have provided excellent information. I will stress, however, that if you have been encountering great difficulty in finding an attorney to front the costs of your litigation and represent you on a contingency basis, that may be a sign that you do not have as strong a case as you think.
Discrimination cases are tough and employers fight them vigorously. Absent reasonably strong evidence that your race, gender, age, ethnicity, etc. played a role in your termination, the odds of success are slim.
As proposed above, consider how you can "market" your case to attorneys in a concise and appealing manner, and be persistent with your efforts.
I truly wish you the best moving forward.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
The lawyers above have provided excellent guidance. Hopefully this helps you learn a little more about the things we're looking for in evaluating a case. There is a presumption of "at-will employment" in California. So lawyers are picky when examining "wrongful termination" cases. However, one exception to "at-will employment" is if you were terminated because of some sort of harassment and discrimination. Keep trying. Most good plaintiff's employment lawyers represent economically disadvantaged, wrongfully terminated, employees, on a contingency basis, against deep pocket employers, who hire big name lawyers, all the time.
The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. http://www.californiaemploymentlawfirm.com/
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