Rockport, TX asked in Employment Discrimination for Texas

Q: What if I can't find a lawyer for case with eeoc in 90 days from the right to sue date?

My case was for retaliation in a discrimination case. I can almost guarantee that the EEOC did not investigate. I had a lawyer who represented me, for a whole year, starting in Sept of 2022. Then when the right to sue was issued they did not want the case, and having a deadline of 90 days, they waited OVER a month to tell me. Is there something that I can do to make them liable for dropping me and having little to no time to find a lawyer?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: You can sue the lawyer for breach of contract. Be sure to read your contract to make sure it does not give the lawyer the right to unilaterally drop your case. In order to prove damages, you will need to prove your underlying EEOC claim and prove that you would have been able to collect those damages from your employer.

Be forewarned that many lawyers who handle EEOC claims drop those cases which they consider to be very weak. If you cannot prove your retaliation case by a preponderance of the evidence, you will lose your case against your lawyer because you cannot show that their actions proximately caused any damages.

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