Hiring an Attorney
Do I Really Need an Attorney?
If you plan to pursue your sexual harassment concerns through the EEO compaint process, then having legal representation is critical. I know that this sounds intimidating, but having an attorney in your corner is actually a huge relief. In addition, your sexual harassment concerns will be taken much more seriously if you have legal representation.
I, personally, felt like I was flying blind while navigating my sexual harassment and retaliation experience. Once I found my attorney, however, I found it immensely comforting to finally receive guidance on my rights, options, and potential legal remedies. Not only that, but I received validation from someone who had extensive experience with labor laws. Plus, my attorney has also been extremely helpful in negotiations, navigating the EEO complaint process, and keeping track of deadlines.
When Should I Contact an Attorney?
From the very start, your EEO Counselor will ask if you have legal representation. In fact, the EEO Counselor will almost expect you to have legal representation, so I recommend reaching out to an attorney to discuss your concerns before you contact an Equal Employment Opportunity (EEO) Counselor, or shortly thereafter.
Remember that for federal employees, you must contact an EEO Counselor within 45 days of the last incident, so DO NOT let your search for an attorney delay you from contacting the EEO Counselor — you can always search for an attorney after you’ve contacted the EEO Office. I didn’t find my attorney until after the first phone call with my EEO counselor, where she asked if I had legal representation.
How do I Find an Attorney?
Easy… - CONTACT ME! Just like mechanics, employment attorneys are not all the same. Finding a qualified, professional, and compassionate attorney can be difficult. Don’t worry though, I can recommend a qualified attorney in your area. In fact, it’s my specialty! Please do not hesitate to reach if you are in need of assistance!
What to Expect
When you first contact a law office, they will likely have a law clerk take a brief summary of your concerns. They will then ask you to send a chronological timeline with specifics of the harassment claims, including dates, names and examples. They will also request any other documentation including emails, texts and records that support your position. Hopefully you’ll have all of this information readily available.
After reviewing your documents, they will decide if your concerns are worth pursuing. If they believe that they are worthwhile, they will offer to be your legal representation.
It’s also important to note that these initial consultations, where they decide whether they are able to assist you with your case, are usually free at most firms.
Hire Based on Contingency!
If you were like me, and uncertain about whether or not you’d have a job in the future, you likely aren’t going to be keen to spend your savings on an attorney — no worries. Attorneys can usually offer several fee arrangements options for their clients including hourly, on contingency, on retainer, or a flat fee. I HIGHLY recommend hiring an attorney based on contingency. This means that your attorney will take a certain percentage of monetary settlements and damages you receive from your case.
First and foremost, I recommend this approach because there’s very little personal risk involved for you - you won’t be paying thousands of dollars in legal fees that you won’t be reimbursed for if your case isn’t successful. Second, it ensures that you and your attorney are always on the same team, so to speak. Your attorney only gets paid if, and when, you get paid. This incentivizes them to work as effectively and efficiently as possible. At the end of the day, this is their livelihood so they want you to win so they can win too.
Contingent fees can vary based on attorney and case, but they typically range between 20% and 45%. An attorney may offer to take your case for a certain percentage, say 30%, but it is important to know that you can negotiate a lower percentage, such as 25%. This means that if you receive a settlement or court-ordered payout, your attorney will receive 25% of the remedy amount you receive.
Attorneys may also request an additional flat rate fee of, say $3,000, in the case that you are not paid out. For example, this could be the case if your attorney negotiated better working conditions and thus you continue employment with your company/agency. This is a very likely scenario if you wish to continue employment with the company/agency, especially during the mediation phase of the EEO complaint process. If this does occur, you can also request that the company/agency pay the $3,000 in attorneys fees as part of your negotiated terms.
After you agree upon a contingency fee percentage, and likely a flat rate fee, the attorney will ask you to sign a contract, such as a Retention and Contingency Fee Agreement. After this is signed, you can notify your EEO Counselor that you have legal representation. Your EEO Counselor will then send a Designation of Legal Representative form for you and your attorney to sign.
Your Complaint is Still Your Responsibility
While your attorney is a powerful player on your team, you are still ultimately responsible for your EEO complaint. Because of this, you are still the one that must do the majority of the heavy lifting. It is important to follow your EEO complaint closely, responding to all communication from your EEO Counselor, filing out all necessary forms, and adhering to all deadlines. You are also the expert on the specific details of your claim. This means that you are still the one responsible for answering all affidavit questions and rebuttals during the investigation.
Between the deadlines, emails, calls, and paperwork, you may feel like you’ve become an attorney yourself. It’s frustrating, I know. But remember that the system has purposefully made this process difficult — it wants you to drop the ball so it will win by default. Don’t let it. Keep close tabs on your case and think of you and your attorney as teammates, always making sure you both have your bases covered.
If you are experiencing, sexual harassment, retaliation, or any other form of workplace discrimination, feel free to reach out to me at hello@kendallsimon.com for support and guidance.
***Disclaimer: These are merely my recommendations based on my personal experience. I am not legally responsible for any decisions made based on the information provided.***