Legal Question in Sexual Harassment in California

Seeking Representation at EEOC Hearing
I am seeking an attorney to represent me at a hearing for sexual harassment at the EEOC.

I was a civilian employee of the Navy. My boss made advances towards me, and I rejected his advances. He retailiated by spreading false rumors that I was having an affair with a married man, a co-worker. This led to sexually explicit graffiti about me in the restrooms. I complained repeatedly to management and to Human Resources. All of this is documented. My boss began taking actions to fire me, and I resigned due to the intolerable working conditions. I took a reduction in pay and grade.

A conference call is scheduled in early December with the Agency's attorney, the Administrative Judge, and me to set a hearing date. I would appreciate discussing options with an attorney interested in hearing my case.

Thank you.

Asked on 11/11/04, 2:48 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

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Re: Seeking Representation at EEOC Hearing

Approximately 60% or more of our work involves matters such as that described by you. Please call if you wish to have an initial consultation. You will need to retain counsel to see the matter through final decision. Don Holben.

Answered on 11/15/04, 3:33 pm

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Terry A. Nelson Nelson & Lawless

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Re: Seeking Representation at EEOC Hearing

You need more than representation at the hearing, because that is not going to be the end of the case. As you indicate, what is scheduled is merely a 'setting' conference, not a settlement conference. That hearing is non-binding, has monetary limits on recovery, frequently is a waste of plaintiff's time and money, and frequently leads to the plaintiff filing suit anyway. You have the right to opt out of the EEOC proceedings at any time, and initiate a lawsuit. If you continue the EEOC proceedings, it will incur substantial attorney fees, ones that will be duplicated once you file suit. The first step is to meet with your counsel to get an opinion on how to proceed, how to best use your attorney time, and on the case value and risk/reward analysis. Feel free to contact me to set up a meeting to go over the facts.

Answered on 11/14/04, 3:38 pm

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