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During my complaining to my boss and Human Resources at UCLA, I wondered if I should
get an attorney. It wasn't until Human Resources completely ignored my complaints and did nothing to investigate my
claims, that I decided to consult an attorney. It turned out to be a good decision for me. Here's what you
need to know.
- Consulting an attorney should be a first step if you're getting nowhere with Human Resources. An initial consultation is
well worth $200-300 to get some professional advice about what to do next. I'm not talking initiating a lawsuit.
The attorney may help you write a complaint letter or contact the Fair Housing Board.
- Don't give up if the first or second attorney you contact won't call you back or take
your case. I had to contact 4 attorneys before I found one who would listen. She took my case whole-heartedly.
- Don't expect to get a contigency contract right away. The first steps with the
lawyer will be in assisting you write a letter to Human Resources or the like. Next, the lawyer will assist in resolving
via EEOC or state agency (in California, it is the DFEH).
- Taking your case to court is the very last option. It is stressful, costly and
no picnic. Initially, a lawyer may require you to pay as you go. It may costs thousands of dollars to actually
take a case to court. Only you can decide if it is worth the money.
You want to avoid this. Many cases reach a settlement or middle ground via a mediator. In my case, when UCLA would
admit no wrongdoing, after careful consideration, we filed with the Superior Court to enable us to have this option.
- Rounds of Mediation will occur next. Hopefully, you're employer will step up to
the table and admit the problem and offer a solution to correct it. Many cases resolve.
- The last resort is through the court via a Jury Trial. Many employers will want
to settle before a trial. It is usally a good thing. Trials are expensive and stressful, as mine was, and certainly
a last ditch effort at resolution.
- Be sure your attorney takes many depostions while preparing for trial.
You can catch many lies during trial testimony if you have a deposition. It seems odd, but many people believe you'll
give up before a trial actually starts and so deposition testimony is surprising truthful!
- Ensure your attorney is a litigator if it comes to trial. A good attorney knows
their limitations and will get a litigator on board for a trial. Mine did right away.
- You'll spend hours practicing your testimony to ensure every detail precisely matches
any deposition testimony or other communication or other evidence. Here is an example: if some event occured in either late
June or early July, but you honestly cannot remember which, choose the exact same answer, i.e. early July, to say every time
you are asked anything about it. This enhances credibility.
- During any cross-examination, only answer direct questions. The other lawyer will
try to make you nervous by mixing you up or by pausing. Do not fall for this. Give only short answers to direct
questions and do not offer up any extra information. Don't try to lecture them either.
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