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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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In Missouri, if you filed a federal law suite for ADA, FMLA, and Retaliation charges

Resolved Question:

In Missouri, if you filed a federal law suite for ADA, FMLA, and Retaliation charges against an employer, but lost in a Summary Judgment because you should have filed your suit under Labor Law Codes for Discrimination and Harassment, Can you refile your case under these laws, or has your time limitation run out?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 3 years ago.

The time limits don't change unless the judge, when dismissing your case, gave you an extension of the deadline.

 

However, I don't understand why your case was dismissed on these grounds. Did you appeal?

 

 

Customer: replied 3 years ago.

Dear XXXXX Doe Deer,

 

Thank you for your response. I think the main reason I lost to a summary judgment is because my attorney of record was practicing out of his area of expertise, and he was going up against a heavy hitting law firm and further he failed to file at least two motions prior to the Defendants filing the Motion for Summary Judgment.

 

The two motions he failed to file, after I requested numerous times. One of the motions was a motion to compel, because the Defendants would not turn over requested Discovery and they further failed to produce discoverable documents. The other motion that should have been filed in District Court would have been a Motion to Recuse the law firm over a conflict of interest for filing misleading and false, and because it was over a material facts, could be purgerous written answers on the Defendants Admit Questions and Interrogatories. The law firm representing the Defendants had first hand knowledge that discoverable documents had been knowingly and wilfully destroyed.

 

My attorney then in his response to the motion for Summary Judgment failed to put material facts in his brief and he did not even quote any case laws, or Federal Regulations and Code when writing this brief. This attorney was just over his head and out of his area of practice, but in several attempts to find a labor attorney, their was either a conflict of interest, or I was to far into the case. So I lost. I even had 2 Supervisors and 2 Department Heads testifying on my behalf. So that is why I lost.

 

I appealed this Summary Judgment Order from the District Court to the Eighth Circuit Court of Appeals. I had to end up filing it "Pro Se", because after I lost Summary Judgment an attorney who had been in practice with my attorney of record during portions of my law suite called me and wanted to represent me in my appeal. He was aware of my case, and stated I should have won. So this attorney file the motion to appeal to the Eighth Circuit.

 

Now this attorney had no intentions on writing the appeal brief to the Eighth Circuit. He just wanted to see if the Defendants would make a quick cash settlement prior to the Appeal Brief being filed. Well the Defendants law firm, like I said was heavy hitters, and so no settlement could be reached. Now this attorney sent me a letter two weeks prior to the Appeal Brief being filed, which stated he was no longer going to represent me and that I needed to find another attorney. He also sent the Motion to Withdraw that he filed with the Eighth Circuit.

 

I did have enough time to find another attorney, or law firm that would represent me on such short notice, so I had to file it "Pro Se". I followed the rules of the Eighth Circuit and filed my Appeal Brief and Appendixes as well as my Response Brief to the Defendants Reply Brief. I further made motions to the Eighth Circuit for a Motion to Compel Discovery and Documents as well as made a Motion to Recuse the Defense law firm based on a conflict of interest in purgerous statements they allow in. The Appeal Brief itself was filed on ADA, FMLA, and Retaliation Claims.

 

The Eighth Circuit ruled on my case, but only on my FMLA claims and not the ADA, or the Retaliation violations. The ruled in favor of the District Courts ruling for Summary Judgment base on FMLA. Their ruling was not even a half of a page that was doubled spaced.

 

I was told by someone on the inside, that if I was to file Discrimination and Harassment following Federal Labor Laws, I could win. But I don't know if I can do that now, because of Statue of Limitation may have run out. I got my Right to Sue from the EEOC and MO Dept. of Labor if memory serves without looking at my paperwork back in May of 2008.

 

I know I could make a complaint on these two lawyers and this law firm with the Chief Disciplinary Council, but because I feel they committed legal malpractice, do I have a case on them? I don't know? I don't think that a law firm can knowingly file false and misleading answers on Admit Questions and Interogatories.

 

I would love to send you all this especially my Appeal Brief's and Motions I filed with the Eighth Circuit Court of Appeals. You will be able to see with the supporting evidence documents that I had, nearly 70, that this case had materal facts and was not just a matter of law.

 

Thank you for you time. I hope to hear back from you. JOHN

Customer: replied 3 years ago.

Dear Ms. Deer, ha ha ha!

 

I also want to let you know that this law firm that was representing the Defendants in this case was very politically connected. I been told from someone on the inside that the insurance carrier that was representing the Defendants paid out more then $700,000.00 in legal fees defending this case.

 

As far as my Appeal Briefs and Motions I filed with the Eighth Circuit Court of Appeals, I had 3 attorney's review what I filed. One of them was a former Circuit Judge. Upon their review and reading my briefs and motions, all said they was well written and researched and that they know many attorney's that could not have written these briefs as well as I did. 2 out of the 3 attorneys stated that the Defense in their briefs admited in some of their responses material facts as well.

 

If possible, I would give you a copy of all the Briefs I filed in this case, so you could read them and see what options I may have. I will be more then happy to pay any and all expenses for your time in review this case to see what my options may, or may not be. I have went to far and have spent out of pocket over $40,000.00 in the past three years trying to fight this. I am willing to spend more, if I have options.

Expert:  Jane Doe Deer replied 3 years ago.

Hi John -

 

I think you may have a good case for malpractice against the attorneys. There are few attorneys who take cases against other attorneys, however. You may be able to find someone through here: http://www.matanet.org/MO/ However, if you file a complaint, you may get something out of it, and filing is free. I don't know enough about Missouri's legal system, and I wouldn't be able to advise you anyway (regarding which path may be better).

 

Again, I can't give you legal advice, but what you need to research is whether the statute of limitations for either/or federal/state court is based on the date of the occurence of the discrimination, rather than the date of the Right to Sue letter.

 

You should also sit down and think this through - sometimes letting go of something, and being able to forget about it and move on is better than any amount of money. I know that whatever happened, it was bad enough to compel you to go through this whole mess -- I'm just saying it's one of many options to consider.

 

I can't review any of your documents through Just Answer, because that would be giving legal advice. I'm sorry about that.

 

However, you may be able to find a free employment attorney (or someone to whom you can pay a small sum) to review the two courts' decisions and give you advice and direction. Besides the website above, another good place to try is:

 

http://www.nela.org/NELA/index.cfm?event=showPage&pg=MO-KansasCity (this is a statewide organization, but I can only find their Kansas City location online).

 

I'm more of an employment attorney than a trial attorney, but it seems that if the 8th Circuit didn't rule on your entire appeal, you can petition them for a more complete ruling. There should be something in the Rules about that (in addition to the general request for reconsideration rules), but if there isn't, hey, try it anyway. Courts are often extremely nice to pro se clients, unless they do something like write in all caps and otherwise exhibit the behavior of someone who, shall we say, doesn't know up from down. I've never heard of such an incomplete ruling, that's for sure, and I can't think of any reason NOT to ask for a more complete ruling (unless you would somehow be on the hook for the opposing side's attorney fees, which can, of course, be a major deterrent).

 

May I be of any more help? I just want to let you know that I'll be quitting for the day pretty soon, and am not working here tomorrow. I'll check back Saturday, though.

 

My best, XXXXX XXXXX'm really sorry for everything you've been through. The discrimination is bad enough.

 

Jane

Expert:  Jane Doe Deer replied 3 years ago.

My reply crossed over with your second message, but I don't think there's anything I want to add or change in response, other than that you seem like a very intelligent, well-educated person, so I'm glad to see that you'll understand what I'm saying (or trying to say, lol).

 

Jane

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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