Lawyer lost our file...told us to now sue him

Maryland

Over a year ago my wife was fired from her job, that she had been eomployed at for a year.

The assistant manager was constantly sexually harrassing her and even though my wife made it clear to STOP, he continued to do so. After each occurance she would file a complaint with the manager. So after the 3rd complaint she filed she was fired that afternoon.

We had to goto an unemployment hearing because they tried to deny her unemployment. During the hearing where the employer is to give the reason for her termination all he said was "it just wasn't working out". Keep in mind she was there for a whole year before they realized "it just wasn't working out" :ugh: So, my wife in her defense took one of the former customers with her as well as letters from other customers which stated she was the only person in the department worth dealing with and could get things done. The outcome was she was awarded the full unemployment due to the employer having NO proof that she was not doing her job or any other reason for termination.

My wife decided to get a lawyer and file a sexual harrassment lawsuit against the company. We met with the lawyer and he stated she had a good case. She then filed with EEOC as was necessary. Everything was said to be in motion to follow through until this week. The lawyer called us in for a meeting. He stated that he had lost his files and that EEOC now has no evidence that my wifes paperwork was filed and since the lawyer "lost" her file we have no proof for EEOC. You ahve to file with EEOC within 180 days for anything to go through. So, now my wife is unable to "refile" since it has been over a year, which now terminates the lawsuit against the company completely.

So here's where it gets weird.

My wifes friend had worked for the same company for 5 years and 2 weeks after it got out that she was pregnant, she was fired. Given teh same reason as "it just wasn't working out". So she filed with the same lawyer my wife used. Her file was "lost" as well.

The lawyer stated that in 33 years he had never lost a file, but the only two files he has now lost were lawsuits against this one company.

In closing the lawyer stated we should find another lawyer and file a lawsuit against him Since when does a lawyer admit a screw up and then tell you to sue him for damages?

I'm kinda weary about filing suit against another lawyer who somewhere has copies of our information and such.

Any suggestions?

find another attorney and sue this one. the state bar would be interested as well.

"that EEOC now has no evidence that my wifes paperwork was filed"

Why would that be true if the attorney only lost his file? EEOC should have copies of everything filed by your wife's attorney. Do you know the EEOC case file number? If yes, request copies of all documents from the EEOC that your wife's attorney filed.

Not only did the attorney lose the file but he never filed with the EEOC if they have evidence of a claim on record. Contact the EEOC yourself and inquire what your options are because you are way past the time limit for filing.

He's got malpractice insurance, which is triggered once you file suit. Apparently he's committed to fixing this. So file suit against him.

mcalcagno said:

Maryland

In closing the lawyer stated we should find another lawyer and file a lawsuit against him Since when does a lawyer admit a screw up and then tell you to sue him for damages?

I'm kinda weary about filing suit against another lawyer who somewhere has copies of our information and such.

Any suggestions?

Click to expand...

Lawyers may be required by their state's code of ethics to inform you of their errors. In Ohio -- Yes I know you are in Maryland however... -- if I screw up I MUST inform my client of the mistake and the extent of the malpractice involved. I also have to tell my clients if I do NOT have malpractice insurance.

Did your wife actually obtain the right to sue letter from the EEOC? That is required and different than her initial eeoc complaint so she should contact the EEOC herself for the records, if she made an EEOC complaint but did not receive the right to sue letter she may still meet the SOL. Is this for both sexual harassment and retaliation?
All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

* A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
* This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
* These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
* To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
* Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

Does your wife have any records of communications with her attorney? Is she alledging a conflict of interest between her attorney and the former employer? Also she should request copies of the records from the unemployment case, since this would also have reference to the EEOC violations even though they were denied and she still was awarded unemployment. Contact both local and state bar associations and file complaints and ask for referals to attorney's for legal malpractice.