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Where can I find free legal advice, I want to know how much to sue for?


After finding out I was having a high risk pregnacy, I told my employer my DR. put on a lift restriction. They told me I have to resiegn, and re-apply after I had the baby. I called the EEOC (equal employment opportunity commision) in my city. They had a medeator call my former employer. They agreed to meet with me for medation. I don't know what they're going to offer me. I worked for the company for 5 years. I just want to know what I shoud ask for, or if I need an attourny. The mediator is totally nutral and doesn't know what I should do. I've been off work for 4 months now and I have 18 to 20 more weeks left in my pregnancy.

One option is to call an attorney who may advertise in the yellow pages for free consultations in discrimination cases. Sometimes tort lawyers (the ones whose ads scream "Have you been injured") may be able to give you a consultation for free with the possibility that if mediation is not successful, they may be able to represent you on a contingency basis. In mediation, you should not enter into any mediated final agreement without making it subject to a consultation with an attorney of your choosing. This may mean the mediation will need to be postponed while you consult with an attorney. If mediation is not mandatory, you should probably not even go in without first talking with an attorney. Many should be willing and able to represent you at no cost if you agree to give them a percentage of any settlement or verdict. It may be worth it to you so you do not get sandbagged.

I suggest you ask them to keep your position for you.

They can't terminate you because of your pregnancy until you use up all your sick and vacation leave. You also have some rights under the Family Medical Leave Act, which you qualify for.

Tell them you've worked there 5 years, you are a valuable and trusted employee, you don't want to give up the gains you've made in the last 5 years, or your seniority in the job. Also, resigning might affect your insurance.

Just have them hold the job open for you until you return. You might have to agree to a couple of things you don't want to but it will help you. For instance, offer to take a pay cut for 6 months or so while you "re-train" for the job. After being gone for some time, you'll be rusty, and some of the workplace dynamics will change.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

Call your local bar association and find an attorney willing to work Pro Bono. The mediator you received obviously doesn't know what to do and it totally unqualified for the job, so you can and should ask for another one. A mediator is supposed to mediate, actually arrive at a decision or else what's the point? What your company should have done, and which most companies do, is give you maternity leave and make any special provision for you at the job in order to accommodate your Dr's orders; the fact that they are trying to cheap out of their legal obligation bodes well for you if you can find a competent attorney willing to take on your case. Sounds like an excellent Worker's Comp case!

Go to google, and search for [your state] legal aid. Call them and find out what you can do. If you go into a mediation lawyer-less, bring all the records that are relevant and prepare an argument as to why you should win this mediation.

Also, mediations are not binding, so if you win or lose, there is room for appeal.

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