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CALawyer
CALawyer, Lawyer
Category: Employment Law
Satisfied Customers: 1655
Experience:  Attorney at Law
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I live in Ohio, I was let go from work few months ...

Customer Question

I live in Ohio, I was let go from work few months after returning to work after heart surgery. I have only few days untill statute of limitation runs out, cannot afford Lawyer, how can I file in Federal court on my own. What is the procedure, where do I file.
Submitted: 8 years ago.
Category: Employment Law
Expert:  CALawyer replied 8 years ago.
Were you on FMLA leave?
Customer: replied 8 years ago.
Reply to CALawyer's Post: Yes I was on FMLA, when I returned I was not given my original position, to qualify same title but different functions, basically supervisor asked other to pass whatever they wish to.Another person transferred from a different department was performing my duties. I complained to HR, after few months I was given the original functions. There was adjustment in my supervisor's role (unrelated matter),and I started reporting directly to department manager. She was still asked to do my review which she used to retailate in my view. I refused to accept her evaluation. My previous evaluations from others were fine. Anyway April 1,2005, I was terminated. There is lot more detail. I feel large company,I am older, after sickness did not really want me back. I feel I am quite competent did my job seriously and well.They deliberately fabricated reasons to let me go.

Sincerely,
WAJ
Expert:  CALawyer replied 8 years ago.
I am going to provide you a link with a detailed guide for self-represented litigants explaining the procedures for representing yourself in Federal District Court for the Southern District of Ohio: CLICK HERE.

The following is a link to the Cincinatti court house's contact information: CLICK HERE.

The following is a link to the forms for that court: CLICK HERE.

If this information was helpful, please click ACCEPT to give me credit for answering.
CALawyer and 4 other Employment Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you, XXXXX XXXXX i should be able to find the information from the links you provided. I would appreciate a comment from you regarding the merit/justicication of my case. Naturlly the company is going to say they had other reasons to let me go, but that is not true, they actually prevented me but regardless I still managed to be productive. They were clever to wait few month untill they could build a case. It probably be difficult. Anyway, I would like to consult you again as I prepare to file in the next few days.I am glad to accept your answer.

Sincerely,
Wajahat(WAJ) Syed
Expert:  CALawyer replied 8 years ago.
From the facts that you've provided, it sounds to me like you have a decent argument that they let you go and/or changed your position based upon the medical leave. The FMLA does not allow them to do this and it is a crime for them to do anything to interfere with your rights under the FMLA. Of course, what the potential for recovery will be depends on the details of the facts involved and I'm sure discovery in the case will provide you with some more information about what exactly those are going to appear to be.
Customer: replied 6 years ago.

May I ask a follow up? if yes,

 

Q: Can you refer me to a Ohio FMLA law that states period of limitation. I have been advised that it is 6 years but appreciate a more direct reference to a tatute or citattion.