Is it possible to hire a pro bono or contingency-based attorney for discrimination and wrongful termination?
I live on Long Island, NY and I am looking for either a pro bono or contingency based attorney for disability discrimination and wrongful termination. Any suggestions? my disability did not leave unable to do the position, in fact, I didn’t even require any "special" accomodations… they made up situations to make it look like [...]
February 23rd, 2011 at 11:27 am
Pro bono means free. Your local bar association may have suggestions.
Contingency-based attorneys tend to want cases that involve big bucks.
If discrimination is involved, check out a local connection to the federal civil rights agency.
February 23rd, 2011 at 11:27 am
I’m not sure where you got the information that NY doesn’t allow contingency attorneys…they do…see this link:
http://www.nysba.org/AM/Template.cfm?Section=Home§ion=Opinions_676_750&template=/CM/ContentDisplay.cfm&ContentFileID=3535
and
http://www.nysba.org/AM/Template.cfm?Section=Home§ion=Opinions_676_750&template=/CM/ContentDisplay.cfm&ContentFileID=3882
The contingency fee arrangement needs to be in writing (as with any retainer).
You might try contacting LegalAid if you cannot find an attorney to take this on a contingency-fee (if you cannot find an attorney to take this on a contingency fee, that may tell you something about the case, because if an attorney believes it is a good case or is easily resolved, they will usually take it on a contingency).
I did a search on the ‘net and found this firm that handles employment litigation for employees that is based in NY:
http://www.gangemilaw.com/lawyer-attorney-1090415.html
Here’s another one:
http://www.ksmlaw.com/PracticeAreas/PracticeAreaDescriptions2.asp
Another idea is to contact your local bar association – is Long Island in Queens County ? – here:
http://www.qcba.org/
They can provide you a referral to an attorney who handles employment law.
Also, if one is suing in federal court, there may be a statute which says that the prevailing party may be entitled to attorneys’ fees (which is another reason why an attorney may be willing to take the case).
However, you MAY have to pay some fees (filing fees in federal court are not that expensive and the only fee in US District Court is the complaint), but fees to take depositions can be costly ($1000/per deposition is the minimum cost).
Punitive damages – depends on what is required to be shown in NY.
Where the defendant’s conduct is found to be intentional or willful or wanton or malicious, the courts may permit an award of punitive damages in addition to compensatory damages.
Punitive damages are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in
February 23rd, 2011 at 11:27 am
If you do have a case, you aren’t likely to find a free attorney since anything like this would take a lot of their time to prepare, which unless you are very high profile so they’d get a lot of publicity from it, nobody is likely to do. But if it looks to an attorney like you have a strong case, they might be willing to take it on contingency. If you can’t find someone to take it that way, maybe they don’t think you have a case that is strong – and they might be right. If your disability left you unable to do the job (with reasonable accomodations, which does not include cutting essential duties of the job) then you wouldn’t have a case, the termination would be allowable. Have you talked to an attorney? What did they tell you?
Good luck, whatever happens.
February 23rd, 2011 at 11:27 am
It is almost impossible to find a pro bono/FREE employment attorney, unless you are going to sue in Federal Court. And then you would be required to pay the expenses such as filing fees and other expenses (which can be high).
The same is true for contingency based, where the attorney takes a portion of your settlement. In employment cases a person cannot get pain & suffering, the type of payment which returns the big money. The employee is usually restricted to only being reimbursed for what they have lost. So for example if you are out $15,000 of pay and win in a employment suit/complaint you would get $15,000 no more.
Employment cases require lots of work up front for the attorney. We are not greedy, but just like you, we want to get paid for our work.
Go to http://www.eeoc.gov to see if your case really does qualify as disability discrimination. You can file your own case with the EEOC and let them investigate. At some point you may want to take that EEOC case into Federal Court.
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