why haven't i heard from my lawyer re discrimination case

Will a lawyer take my employment discrimination claim?

Oct 27, 2014 · Almost all federal employment discrimination cases require filing a charge with the EEOC, initially, before a case can be adjudicated in a court of law. The one exception is the Equal Pay Act (EPA), a law which prohibits different payment and wages for men and women who work in the same workplace performing equal work.

Can you prove that you were discriminated against?

The lawyer will want to be sure that you, in fact, fall within a protected class. This may be the simplest element of the analysis. For example, you may believe that your employer discriminated against you because of your age. But, if you're not over 40, …

When to file a charge with the EEOC for discrimination?

Sep 17, 2018 · An experienced New York City disability discrimination attorney can help you understand the law in this area and make the best decisions with respect to your case. Contact the Law Offices of White, Nisar & Hilferty, LLP, at (646) 760-6493 to schedule a consultation with a member of our team today.

Who can be a witness in an employment discrimination case?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it.

Is it normal to not hear back from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

What do you do when a lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

How long should a lawyer take to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why do lawyers take so long to settle a case?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How long does it take for a lawyer to review a case?

Question: Why is it taking so long for your lawyer to make a decision whether to accept your case? Answer: It should rarely take more than 4-6 weeks for a malpractice lawyer to make a decision about your case.

How do I get an attorney to respond?

This PTL shows you the four ways to get your attorney's attention, so you can try to repair it:Call Your Attorney.Don't Overreact.Follow Up With a Letter.Let The Attorney Know You'll Find Another.Jun 15, 2015

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do I know if my lawyer is cheating me?

The attorney does not return phone calls in a reasonable amount of time, and; In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.Nov 28, 2015

What is a Marsden hearing?

A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.

What is discrimination?

Discrimination can be found when you are treated differently, or less favorably than other employees, for some reason. The Equal Employment Opportu...

Which laws protect me from discrimination?

Not all types of discrimination are protected under the federal laws. The federal anti-discrimination laws only protect you if you fall into a prot...

What are the different types of discrimination claims that I could bring?

If you believe you have been discriminated against based on your status as a member of a protected class or category, you may bring a claim for:Dis...

What evidence is needed to prove my employer intentionally discriminated against me?

There are two types of evidence that can be used to prove discrimination: direct and circumstantial.Direct EvidenceDirect evidence is the best way...

I do not have direct evidence against my employer. How do I use circumstantial evidence to show that...

According to the "McDonnell-Douglas Test," named for a famous Supreme Court decision, an employee must first make out at least a "prima facie case"...

What if my employer denies discriminating against me?

Once you establish a presumption of discrimination, consider the reason that your company gave for terminating you.In court, an employer has the op...

What can I do if my employer's reason is a cover-up for discriminating against me?

Assuming that your employer can offer any explanation at all for terminating your employment, you must next consider whether you can prove that the...

What evidence do I need if my employer's seemingly neutral policy, rule or neutral practice had a di...

Proving a disparate impact case is similar to proving a discriminatory intent case. First, you must use circumstantial evidence to create an asumpt...

What are the remedies if I win my discrimination case?

Back Pay: Back pay is lost earnings resulting from the discrimination from the date of the discriminatory act to the date of a judgment.Front Pay:...

Why is it important to be a witness in an employment discrimination case?

The lawyer will evaluate how clear, concise, organized, presentable, and honest you appear. This is an important part of the process because a jury and judge will evaluate you in the same way.

What damages can an employee recover from discrimination?

In an employment discrimination case, the types of damages that an employee may recover include lost pay, lost benefits, emotional distress damages in certain cases, and punitive damages (intended to punish the employer) when available. You might also be entitled to collect attorney fees from your employer if you win.

What evidence makes a case strong?

Any evidence that shows one aspect of your case (your protected status, the different treatment, etc.) may cumulatively make your case strong. Of course, any evidence that shows that your employer or someone acting on behalf of your employer (such as your manager, a human resources representative, or a company executive) harbored any ill feelings ...

Why is it important to have a sincere demeanor?

This is an important part of the process because a jury and judge will evaluate you in the same way. Having a credible, sincere demeanor can go a long way in convincing a judge or jury of your position. You'll want to be forthright, truthful, and calm in discussing your case with the lawyer.

What to bring to a lawyer meeting?

Be sure to bring your evidence, including a list of possible witnesses and their contact information, to the meeting with the lawyer. The more organized your evidence is, the easier it is for a lawyer to evaluate your case.

Is a lawyer protected against age discrimination?

For example, you may believe that your employer discriminated against you because of your age. But, if you're not over 40, you are not protected against age discrimination.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Why was the plaintiff fired?

The thrust of the plaintiff's complaint is that she was fired after exercising her right to take unpaid leave under the Family and Medical Leave Act (FMLA). The problem is that FMLA is a federal statute. The defendants removed the case to federal court on that basis.

Can you avoid being removed from a federal court?

For example, it may be to your advantage to pursue an employment discrimination case under state law in New York State Supreme Court. If your lawsuit also claims that your employer violated your rights under a federal statute, then the case may be removed–transferred–to federal court instead. You cannot avoid removal by simply trying ...

Can you avoid removal?

You cannot avoid removal by simply trying to pass off a federal claim as a state or city claim. Here is a recent case on point. The plaintiff in this lawsuit sued her former employer in Queens Supreme Court, alleging discrimination under the New York State Human Rights Law (NYSHRL) and its municipal counterpart, ...

Can a defendant be fired for taking FMLA?

Of course, if the defendant fired the plaintiff for taking FMLA leave, that would be prohibited retaliation under FMLA, but FMLA is a federal statute. The defendant has every right to have a FMLA-related case heard in federal court–and the plaintiff cannot avoid this reality by “framing a federal question in terms ...

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

What is zealous representation?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.

What happens if you file a motion for substitution of counsel?

If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.

Why do I have to pay off my personal injury case?

Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.

Why do I retain legal counsel?

Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.

What is discrimination in the workplace?

Discrimination can be found when you are treated differently, or less favorably than other employees, for some reason. The Equal Employment Opportunity Commission (EEOC) protects specific classes of people, known as protected classes, from employment discrimination when it involves: unfair treatment; harassment; denial of a reasonable workplace change needed because of belief or disability; improper questions or disclosure of genetic or medical information; and retaliation for filing a complaint.

What is the age discrimination in employment law?

The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against someone because of age. This law protects people who are 40 or older. The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 make it illegal to discriminate against a person with a disability.

How to prove a disparate impact case?

First, you must use circumstantial evidence to create an asumption that the employer's seemingly neutral policy, rule, or practice had a discriminatory effect on a protected class or category. Next, your employer then has the opportunity to show that the policy, rule or practice was a job-related business necessity. This means that the policy was necessary or fundamental to the functioning of the business. If your employer is able to show that the policy, rule, or practice was a business necessity, then you may still be successful with your claim if you are able to prove that your employer refused to adopt an alternative policy, rule, or practice with a less discriminatory effect.

What is circumstantial evidence?

Circumstantial Evidence (Indirect Evidence) Circumstantial evidence can include anything other than direct statements from your employer that allow for the assumption of discrimination. The likelihood of obtaining direct evidence of discrimination is extremely slim.

What is disparate impact?

Disparate Impact. A disparate impact claim is a type of discrimination based on the effect of an employment policy, rule or practice is discriminatory —even if it was not intended to be discriminatory. The anti-discrimination laws make it illegal for a rule or practice to be more harmful to members of a protected class.

What is retaliation in employment?

Retaliation happens when, as a result for filing a discrimination complaint, an employer treats the employee poorly or adversely as punishment for filing the original complaint. See the Retaliation Page for more information about retaliation claims. back to top.

What is direct evidence?

Direct evidence is the best way to show that you experienced discrimination. Direct evidence of discrimination includes statements by managers or supervisors that directly relate the adverse action taken against you to your protected class status.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

Do judges enforce awards?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.

Who said "Every woman there and the one man had been there time and time again"?

The quote is taken from Faith Eggers who was going to court for the first time to get an order for child support. “The stories I heard were awful. Every woman there, and the one man, had been there time and time again — all for child support. Every single one of them trying to collect child support from their exes.

Is waiting for a check to clear a good explanation?

If you are waiting longer than that, "waiting for the check to clear" is not likely a satisfactory explanation. In addition to the problem of the check clearing there can be a much longer wait problem with liens. Suppose some of the medical bills in a personal injury case were paid by Medicare.

Do banks say a check has cleared?

The banks simply won't commit themselves to saying the check has cleared. The guidelines the banks use for estimating when a check should have cleared or bounced depend on the location and identity of the issuer, but they are only estimates.

Do attorneys get settlement checks?

Finally, your attorney gets a settlement check; it is deposited to their trust account and you don't get your check. What is going on? In theory your attorney is supposed to not distribute the settlement to you, any lien holders, and him or herself until the check has "cleared.".