How doI handle an employment discrimination lawsuit?
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How doI handle an employment discrimination lawsuit?
I was discriminated against while working for a national retail chain. I filed a charge with the EEOC, in turn I received a Right to Sue Letter from them. I sent my documentation to the US District Court and the court sent me paperwork to fill out in order to file a lawsuit. I sent this information to them. I met with company’s attorney to discus the Joint Preliminary and Discovery Plan. I attended this meeting. Last week the attorney is asking for all information in regards to my case. witness’s, statements, documentation etc. Do I need to provide the company’s attorney with my evidence. Not sure what I meed to do.
Asked on September 19, 2011 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you're suing someone, you should have an attorney in your corner to advise you. Note that in employment discrimination cases, it may often be possible to get attorney's fees; and even if you can't, a good employmeent discrimination case will usually generate enough recovery to more than pay for the attorney while also compensating the employee. Therefore, if it's not worth it to an employment law attorney to take your case, you may need to consider whether you have a good case or not.
If you're going to get an attorney, don't do anything until you speak with him or her.
If you're not going to get an attorney, note that you are not required to turn anything over until you are in litigation and the other side uses discovery (e.g. a Notice to Produce document, interrogatories, etc.) to get the information and documentation. However, even if they can't yet compel you to provide this information, you need to consider whether you may wish to provide it anyway. That in large part depends on how strong the documentation or information is and whether you think it will help convince them to offer you a settlement or not. Note that if you sue, they will, as noted above, eventually be able to get it, so you can't withhold this information indefinitely; the real issue is how and when to disclose it, and that's a question of legal strategy which only your own attorney, consulting with you and considering all the facts, can answer. Good luck.
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