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  1. #1

    Unhappy Can an Employer Recover Attorney Fees from an Employee Who Reports Discrimination

    My question involves labor and employment law for the state of:

    So long story short I filed a Claim of discrimination/Harassment with the Florida Commission on Human Relations. Its in the process of being investigated after they excepted my claim. The complaint was sent to the employer and responded with papers from their lawyer defending their stance. At the end of the paperwork they state that they feel the case should be dropped and be "awarded its attorney's fees". This isnt even a suit, just a complaint. How can these people ask for such a thing. I talked to the investigator for the FCCHR and he told me he didn't think they could do this, nor has he seen this. Is this illegal or right?

    Please help, I cannot afford a lawyer and do not know what to do at this point. I do not want to go down some lengthy situation where they are using their lawyers resources to the point where I could be responsible in the end.

    Thank you,

    Confused

  2. #2
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    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    They are blowing smoke. Listen to your investigator.

  3. #3

    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    So you don't think that staying or withdrawing from my case would result in them after the fact coming after me for legal fees on their own dime? I do not want to play this child's game.

  4. #4
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    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    Then don't. They're blowing smoke. Listen to your investigator.

  5. #5
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    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    Agree with ee.

    They are just trying to scare you into withdrawing.

    If it was me, I'd escalate by filing a complaint with the federal EEOC as well.

  6. #6
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    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    In fact, I would motion to strike that portion asking for attny fees in their response. I doubt that attny fees are recoverable. Unless a statue says so, the american way is each party pays for their own. And perhaps your attny fees would be recoverable if successful ... examine your state statues to discover this.

    A motion and memorandum of law highlighting why it should be stricken...

    This really should be part of a counter-claim anyway, not just tacked on to the end of a response.

    Oh, and it is a "suit" .. you have taken it to a quasi-judicial admin agency who will likely have a legal hearing on this matter.

    Crack open the books on admin law in your state, evidence rules, and the agency's regulations if you wish a most favorable outcome to your case.

  7. #7

    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    I thought that in will be handed over to the EEOC after the FCHR makes a recommendation on the matter.

  8. #8
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    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    Quote Quoting jgerardi1985
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    I thought that in will be handed over to the EEOC after the FCHR makes a recommendation on the matter.
    I don't think so ... file w/EEOC if you desire ...

  9. #9
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    Default Re: Filed with Florida Commision Human Relations.their Attorney Fees

    If that's what the FCHR told you then that's what will happen.

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