what kind of a lawyer do i need if i'm being sued by the labor dept?

Full Answer

Do I need a lawyer if I have not been sued?

As soon as you become aware of a potential lawsuit, even if you have not yet been sued, it is a good idea to seek legal advice. If you cannot afford an attorney of your own, contact a local advocacy group or legal clinic to see if you qualify for free or low-cost services.

Should I hire a lawyer if a creditor sues me?

If a creditor sues you, whether you should hire a lawyer to defend against the lawsuit depends in large part on whether the creditor can prove its case against you, how much it will cost you to defend the lawsuit, and whether the creditor can collect from you.

Should I hire a lawyer to defend a lawsuit against my business?

If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit. But keep in mind that a lawsuit for a relatively small amount can grow if the creditor gets a judgment against you.

Do you need a lawyer to file an answer to debt?

A lawyer to help you figure out if you have any defenses, prepare the answer and file it, and represent you in court. If you can’t afford to hire an attorney (or paying for a lawyer would cost more than the collector is seeking in the lawsuit), you can prepare an answer, file it, and represent yourself.

Is suing your employer worth it?

If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.

What are reasons an employee can sue an employer?

There are many reasons an employee may feel they have the right to pursue legal action against their employer.Illegal Termination. ... Deducting Pay. ... Personal Injuries. ... Employee Discrimination. ... Sexual and Workplace Harassment. ... Retaliation. ... Defamation.

What is a typical settlement for a EEOC?

According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more. Of these, employees lost at least half of all cases.

What to do if you are being discriminated against at work?

You can file a complaint with OFCCP if you think you have been discriminated against in employment, or in applying for employment, because of your race, color, religion, sex, sexual orientation, gender identity, national origin, disability, status as a protected veteran, or for asking about, discussing, or disclosing ...

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

Can you sue a company for emotional distress?

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.

How much should I ask for in a discrimination case?

$50,000 to an employee if the employer has between 15 and 100 employees; $100,000 if the employer has 101 to 200 employees; $200,000 if the employer has 201 to 500 employees; and. $300,000 if the employer has more than 500 employees.

Can you get money from an EEOC complaint?

If the EEOC finds that I was discriminated against, what can I get? If the EEOC finds discrimination, we will work with your employer to fix the situation. You could receive money damages as part of that process. We also can seek promotions, reinstatement, and other workplace changes for you.

What happens when the EEOC gives you the Right to Sue?

Once you receive a Notice of Right to Sue, you must file your lawsuit within 90 days. This deadline is set by law. If you don't file in time, you may be prevented from going forward with your lawsuit.

What are the 4 types of discrimination?

The 4 types of DiscriminationDirect discrimination.Indirect discrimination.Harassment.Victimisation.

How do you prove you are being discriminated against?

Before EEOC can conclude that you were discriminated against, it would need to have proof that: 1. You were treated differently than someone of a different sex, race, national origin, color, religion, or age. EEOC will ask what you know about the person whom you believe was treated more favorable than you.

What qualifies as workplace discrimination?

The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What happens if you don't have insurance?

If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.

Im being sued. What kind of lawyer do I need

I was intoxicated and hit a lady from behind. She is now suing me for medical bills, lost wages and punitive damage. What kind of lawyer do I seek?

Answers

It would be advisable to speak with an attorney who handles DUI cases. You can find a DUI attorney online or in the Yellow Pages or you can get a referral from your County Bar Association to a DUI attorney in your vicinity.

Jeffrey Mark Adams

Look around for "insurance defense" or "civil litigation - defense" lawyers. If a lawyer is listed as an insurance defense lawyer, they handle your type of case although usually on contract with an insurance company. Warning: it will probably not be cheap to resolve. You might want to see what they...

Ryan Alexander

Civil attorney who is licensed in Kentucky. Also, "trying to sue" me is cryptic. You need to confirm if you have actually been sued.

Timothy Bernard Spille

Generally, you want to hire a civil defense attorney who routinely defends personal injury cases. I hope you have now secured automobile liability insurance for your vehicle. You will soon learn that paying an insurance premium is a bargain compared to paying for a...

Lars A. Lundeen

I agree with the other attorneys who have responded to your question. You will need an attorney that is well versed in defending personal injury cases specific to motor vehicle accidents.

Christopher S Ison

You need someone with experience defending personal injury law suits. Generally this would be taken care of by your insurance; however, since you did not have insurance the burden will be on you to find and retain an attorney. You can look on Avvo for attorneys who practice in your area...

What to do when a creditor sues you for debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

What happens if you don't have a defense?

If you don't have a defense or counterclaim and the creditor can easily prove its case, then you'll lose. You'll then owe the judgment amount, have to pay your own attorney, and might have pay the creditor's attorneys' fees too. (In some types of cases, the losing party has to pay the other side's attorneys' fees).

Can a lawsuit grow if a creditor gets a judgment against you?

But keep in mind that a lawsuit for a relatively small amount can grow if the creditor gets a judgment against you. The creditor will ask the court to include not only the debt balance, but the amount of the creditor's attorneys' fees, court costs, and interest.

Can you hire an attorney to defend a lawsuit?

Even if you have a good defense to the lawsuit, you'll want to consider the amount of the debt before hiring an attorney. Attorneys' fees can add up quickly. If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit.

Can you get a judgment against a creditor if you win a counterclaim?

It's not a defense to the underlying debt, but a separate claim. If you win on your counterclaim, you might get a money judgment against the creditor. Your filing of the counterclaim might also induce the creditor to withdraw its lawsuit against you.

What to do if you have not been sued?

As soon as you become aware of a potential lawsuit, even if you have not yet been sued, it is a good idea to seek legal advice. If you cannot afford an attorney of your own, contact a local advocacy group or legal clinic to see if you qualify for free or low-cost services.

What happens if you are sued?

Keep in mind that if you are successfully sued and the court issues a judgment against you, you may be forced to pay a significant amount of money and may risk damage to your credit rating. For this reason, you may wish to attempt to settle the lawsuit before actually going to court.

Can you get legal advice by phone?

Some organizations offer free legal advice via telephone. While it is certainly a very unsettling experience to be served with a lawsuit, pretending that you are not being sued is unlikely to resolve your problems in your favor.

Can you respond to a summons if you have been sued?

The process for responding to a summons that informs you that you have been sued varies by jurisdiction. It is generally true, however, that not responding to a lawsuit can result in a judge finding in favor of the person who is suing you simply because you have not appeared in court.

Why do lawyers love their clients?

Lawyers love clients who sue over "principle," because their cases usually go on longer than those brought solely for economic reasons. If you're a defendant, resist the urge to countersue unless you have a solid case. See a therapist instead—they're cheaper than lawyers, and you'll feel a whole lot better. 9.

What is the unpleasantness of being a litigant?

The Incredible Unpleasantness of Being a Litigant. There's nothing worse than that sinking feeling you get when you are handed a legal document that announces you're being sued. Say hello to lawyers, courtrooms, big bills, sour stomachs, and sleepless nights. Here are things you may not know about being on the receiving end of a lawsuit.

Do you have to accept papers in a lawsuit?

1. You're it. You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!)

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

What happens if a collector gets a judgment against you?

Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What is a summons in court?

The summons informs you that you’re being sued, and gives you information about the case, like the deadline to file a formal response, called an “answer,” in court.

What happens after you file a motion to collect?

After you file your answer and serve it to the collector’s lawyer, you'll receive written notification of all further proceedings in your case, like any filed motions, notice of the trial date, and notice of a settlement conference, if applicable.

Step One: Gather Information

Before you call an attorney or meet a lawyer for a consultation, gather all the information you can on your case, including any documents you have.

Step Two: Find the Right Attorney

Although there are a lot of folks who attempt to handle a lawsuit on their own, Gall advises at least speaking with an attorney about your case, even if you don’t hire one to represent you.

Step Three: Let Your Attorney Handle It

Although you might be tempted to reach out to the other party, Gall advises against it.

Step Four: Anticipate the Outcome

Although some lawsuits do go to court, Gall says the majority of lawsuits end up with a settlement. That’s usually best for clients, who want things resolved quickly and inexpensively, without a long drawn-out court battle.

Step Five: Take a Deep Breath

Although most people panic over the idea of a getting sued, Gall reminds clients not to get too stressed.