Q: I have question. I have wrongful termination and discrimination
Had hairs attorney and sign agreement 40% than file complaint DFEH we have right to sue, and in the letter said have within 30 days to file complaint at EEOC but the attorney didn’t, the want me sign another agreement more high then we passed the time to file complaint at EEOC and when I ask why didn’t file the complaint the answer was because federal court is a less favorable forum for employees than state court and provides for either the same damages or, in the case of punitive damages, caps which are not in effect in state court. and now drop of my case because don’t have money to pay costs to open lawsuit the question is. This is malpractice or I’m wrong ???
Thank you
ashrafabbas1@live.com
A:
I am sorry but your post is not very clear. I will try to provide some guidance.
An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their rights. The federal Title VII laws are available as are the California Fair Employment and Housing Act (FEHA) laws. If do not need to use Title VII then it is usually far superior to use FEHA. If your attorney filed a FEHA complaint within one year of the act about which you wish complain, you are allowed to wait until a Right to Sue letter is issued by the Department of Fair Employment and Housing. From the date that RTS letter is issued, you then have another year to file a complaint in court.
There are many reasons why your attorney is right that FEHA is superior to the federal options if FEHA is available to you. Damage caps are one of those reasons. The federal laws limit your non-economic losses (emotional distress and punitive damages) by arbitrary numbers set in the Code on a sliding scale based on employer size. There are over a dozen reasons why a plaintiff would want to avoid federal court as well.
It sounds like you do not like or trust your present attorney, for whatever reason. You have the unfettered right to change attorneys at any time and for any reason. If you do, you do not pay yet another fee. Instead the new attorney must work with the old attorney to determine how to split up the fee earned in the case.
Good luck to you.
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