Legal Question in Employment Law in Georgia

The state of Georgia has sovereign immunity under the ADEA pursuant to the 11th Amendment. I am a 23 year state employee who has suffered age discrimination in the form of wage disparity and retaliation for filing a grievance on same. My case was dismissed from Federal District Court due to the sovereign immunity issue and someone advised me that I have six months to refile in state court. I have my right to sue from the EEOC; I did not go through the Georgia CEO. If I do refile in state court, what type of relief am I allowed to seek? My case would cost $50,000 to prosecute and I cannot afford it. Three attorneys have complimented my case and the high quality of my evidence but cannot take it on a contingency basis. So far I have two years of extensive work involved in this case and I hate to completely give up and let my agency get away with what they have done. What kind of relief am I entitled to?


Asked on 2/25/10, 6:01 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Your question is not answered with a paragraph of one-side of the story. Your case has already been dismissed, and sovereign immunity also applies in state court. There are many employment lawyers who typically take strong cases on a contingency. If none are taking it, there is a reason and it is usually because they believe the case is not worth it. You did not tell us the reasons.

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Answered on 3/02/10, 6:48 pm


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