Legal Question in Employment Law in Georgia

Can I use an out-of-State attorney to represent me regarding the Georgia Law? As I don't think I will have a fair trial because my suit will be against a State of Georgia state/goverment agency. That is the EEOC is less than 500ft from previous employer and I was already denied my family medical leave complaint, with the US DOL in, whose district office is also located in Atlanta GA and located 1.5 miles. I read about charges filed with the EEOC and US Dept. of Labor but they are never from an state of Georgia employee.

I wrongfully terminated and retailiated against because I filed a unlawful discrimination charge and greiveance against my previous employer- Department of Human Services-Division of Family and Children Services, 178-2 Charing Road, Butler GA, Mailing address- P.O. Box 366, Butler GA 31006.

On 9/14/2011, I requested to take Annual & Sick Leave for period October 14 thru October 21, 2011. Beginning with a corresponce dated October 6, 2011, the leave was approval contingent cases were completed and I did provide this information to my supervisor and She Angela Love stated cases were not complete, but they were and was proved at a Tribunal hearing with GA Dept.. of Labor, in which my employer appeal, and gave false statement to the GA Dept. of Human Resources that I left work early on 12/12/2011 without approval and then changed their testimony. But I was awarded Unemployment benefits based on burden of proof I provided. I want to sue for my Family Medical leave being denied and I had available accrued leave to use and have never had any disciplinary actions against me. Also I want to sue for deformation of my work ethics and character of untrue statements provided to Dept. of Human Resources, EEOC in Atlanta, and U.S. Dept. of Labor in Savannah GA to Larry Benjamin, who also denied my claim for reimbursement of Family Leave due to retailiation and discrimination and wrongful termination.


Asked on 4/05/12, 1:22 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

If you want an out of state attorney for the case in federal court, you have two options.

(1) find an attorney who is based out of state, but is also admitted to the court where you intend to file; or

(2) hire an outside attorney who is not admitted to practice in that particular court.

The problem with (2) is the outside attorney will have to admitted "pro hac vice" and bring on an attorney who is admitted to practice in that particular court. It may cost you more to bring on two attorneys.

Therefore, check to see if there is an attorney based out of state who is licensed to practice in the court where you intend to file the lawsuit. the best option is to check with the surrounding states. If you are going to file in the Southern District, check with attorneys in Florida who are right over the boarder. If the case is going to be filed in the Middle District, check with Alabama attorneys. If the case is going to be file in the Northern District, check with attorneys in South Carolina or Tennessee.

Read more
Answered on 4/11/12, 10:25 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Georgia