Free legal advise

[Doc]

I posted elsewhere that the corporation I work for elected to not renew my contract. I am considering filing an age discrimination complaint. Should I get a lawyer before or after going to EEOC? I did not go to the corporation HR dept because IMO that is a waste. Can't imagine them seeing it my way.

[Catfan73]

I’m not an attorney but if you decide to pursue it I would get my ducks in a row then blindside them and let your attorney handle all contact with them. Their attorneys may all be fresh out of school too. Good luck!

[PedroDaGr8]

I did not go to the corporation HR dept because IMO that is a waste.

Smart move! Despite what they say, HR is not there to help you or protect you, they are there to protect the interests of the corporation.

[Doc]

Smart move! Despite what they say, HR is not there to help you or protect you, they are there to protect the interests of the corporation.

My thoughts as well. My question is do I go to EOC first, then lawyer, or vice versa?

It got a bit nasty today. Had a conference call..they were hoping for an "amicable split".

[VirginiaCat]

Lawyer first. They will detail your process which likely will include an EEOC complaint.

[CitizenBBN]

Always lawyer up first. A good lawyer will know the proper steps and sequences, etc. so you don't take any mis-steps.

[Darrell KSR]

Lawyer before you do anything.

You may HAVE to go to HR, for example. Failing to do so may be considered a failure to exhaust administrative remedies, or a failure to put the "company" on notice, etc. The futility doctrine (it would have been useless anyway) is something that you'd have to prove in court, and if you didn't, then you lose, no matter if your case has merit or not. (Or you may not have to go to HR at all. I'm just using that as an example. For example, if you were the victim of sexual harassment, you have to put the company on notice of the harassment. I don't know if age discrimination would fall in that same arena or not.)

In addition, there may be a way of putting the company on notice in writing that is preferable in the event that it is required.

Of course, the EEOC charge is in writing, so having it say the correct things may be important. (Again, I'm not proferring any advice here, because this isn't really an area I deal with--just trying to give some food for thought.)

Or your attorney can give you advice currently as you work the last part of this contract on what to look for to help you in your claim. The basics of age discrimination (usually) are that someone over the age of 40 suffers an adverse employment action (such as termination/failure to renew) in favor of someone under the age of 40, say, who replaces them. When that prima facie case is met, it puts a huge burden on the employer. Maybe it's premature to make a claim. Maybe it's not at all.

My concern -- attorneys can sometimes "fix" something that was not done correctly. Sometimes they cannot. Let your attorney help you immediately, though.

On the other hand, an attorney who does not practice in the area could make things a lot worse. Saw an attorney not understand healthcare law once represent a surgeon at a hospital. I can't begin to tell you how much worse he made it for that doctor by the things he did, the letters he wrote, and the corner he put the surgeon in before he was terminated.

Good luck, Doc. Really stinks.

[Doc]

I contacted a firm that supposedly does this...a big national firm. I Emailed have, legal assistant called, crappy phone connection, we will call back etc..... So I have decided to contact a local lawyer. Considering Willy Gary (those in the legal field may be familiar with him). I will contact him tomorrow. Am headed to Colorado in the afternoon but back home on Monday. Will try to arrange something when I am back in town

[Darrell KSR]

Big national firms are not what you want, Doc. They don't do this kind of law. If they do, it's an after-thought.

Big firms are corporate, business, and defense-based. It is not common to find someone that practices on the individual/plaintiff side at large firms. It happens, but it's not their forte.

Solo practitioner who focuses on employment law is who you want. There are boutique firms that do this as well, but the size is almost always very small.

[MickintheHam]

Doc, keep up your 10k training. It will help relieve the stress that is likely to come with legal disputes. Be prepared for character attacks and plain lies. Oh, and the facts of the case will become blurred and distorted.

And remember you are likely not the first person they have treated in this manner. If the corporation that bought you out is a regional or National company, they have done this before. It’s their business model to wring out profits.

[Doc]

Big national firms are not what you want, Doc. They don't do this kind of law. If they do, it's an after-thought.

Big firms are corporate, business, and defense-based. It is not common to find someone that practices on the individual/plaintiff side at large firms. It happens, but it's not their forte.

Solo practitioner who focuses on employment law is who you want. There are boutique firms that do this as well, but the size is almost always very small.

Yes....that is the sense I am getting. Have been referred to local specialist