3.19.2005

Lawyers

We have begun the search for a lawyer. I had to convince K that she needed to start trying to contact lawyers, now that we had received a number of recommendations. She wasn't enthusiastic, but she did start making a couple of calls on Friday afternoon after I bribed her with a shamrock shake.

The frightening bit of information was that one lawyer charges $450/hour and the initial consultation to determine if you even have a case is $900. My God, it makes psychiatrists look cheap.

The first thing she had to do was talk to a paralegal and lay out the facts. The paralegal will take the information back to a lawyer and if the firm is interested, they will call her next week. Basically, she's interviewing to even have the opportunity to pay a lawyer $900. Unbelievable. Guess I should have gone to law school instead of grad school for public policy.

The costs of this endeavor are frightening to me. We have to talk about what we are willing to pay out, but I fear it may be in the $15,000-$20,000 range. Youch! The other option we discussed is going to HR, the union, or EEOC. HR always appears to be disorganized and they don't inspire much confidence. Likewise with the union. The members and representatives appear to be unreasonable and both of us have doubts about their effectiveness. That leaves the EEOC lawyers, who may be worth contacting. At least they wouldn't charge for the consultation.

Once again, K is doing well. She's functioning, but the thought of dealing with all the red tape of talking to lawyers or EEOC is overwhelming to her. The good thing is that she is working up her anger to fight for herself. No longer is she willing to let everyone walk on her. She needs to believe in herself to be able to effectively make a case for her job.

Like being thrown into the medical world, this is baffling to me. I have fortunately not had to confront any potential reorgs or job loss in my position.

We spent some time today with one of K's cousins. All of K's family is baffled when they see our extraordinarily urban neighborhood, compared to the tight-knit ethnic enclave where she was raised. It usually isn't a bad comparison, only a great contrast between the two neighborhoods.

I'm doing okay. K's job situation has me somewhat unsettled. I suggested that we hold off on putting in central air until we have a better feel for what her job situation may cost us and what the results might be. But generally I'm doing well. What I need to do is make a greater effort to go to the gym and work out. Working out is the best way I have to work through my anxieties and not let them bother me.

3 Comments:

At 1:23 PM, Blogger Portia Micello said...

This comment has been removed by a blog administrator.

 
At 1:34 PM, Blogger Portia Micello said...

Dear L, As I understand it there is a new org chart showing no position for K but no one has said she doesn't have a position in the new organization??? Is that correct? Could she be shifted to another position? or is she to assume she is part of a downsizing? Did they circulate this org chart? Is this a downsizing? Having lived through a number of downsizings at Mobil Oil I find this incredible if this is what has happened. But maybe I am misunderstanding. If I were K I would be in such a rage and in the middle of a major bipolar episode. She is doing well if she is remaining stable through this. Michele

 
At 9:52 PM, Blogger Portia Micello said...

Yes, it's me, Michele. I am rewriting my previous commoents. I am a paralegal. Are you talking about filing an action in the States? and if so, what state? My son-in-law is an attorney in San Diego. My daughter is also and did EEOC/discrimination law when she was practicing. You definitely should have an attooney, but I never heard of being interviewed by the paralegal. Money should not be the first thing that comes to mind. It should be "do you have a claim against your employer and what is it, how strong is it, what is the likelihood that you will prevail in a court of law. These cases are normally taken on a contingency basis, i.e., the attorney takes a certain percentage of the award if you win. Plus you omust pay for otyer costs. I can ask my daughter how that usually works if you like. I was not aware they were billed on an hourly basis. Maybe that is the cost if they are not won. As I recall you will have to file an EEOC claim before you can file a private suit because you will need the right to sue letter from the EEOC. That much I remembe. I am sure that Monica or Karl could recommend someone if you are filing in California. Let me know if there are any questions about the case of attorneys in general that i could help you with. I would be happy to find out for you. Michele

 

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