If I have a case against a former employer for sex discrimination, in my relief request, should I ask for attorney fees if further action is needed?

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If I have a case against a former employer for sex discrimination, in my relief request, should I ask for attorney fees if further action is needed?

Asked on June 15, 2012 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You certainly can ask for this. If you are settling with the former employer, you can put anything in the settlement which you want and the former employer will agree to. If you are going before a court, you can request as part of the relief the court grants as attorneys fees, either retroactively (for the current action) or prospectively (if you need to bring another action). It is not certain you will get them, but there is no legal harm or prejudice to you from asking.


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