How doI handle an employment discrimination lawsuit?

UPDATED: Sep 19, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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