How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane Doe Deer Your Own Question

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.
10033880
Type Your Employment Law Question Here...
Jane Doe Deer is online now
A new question is answered every 9 seconds

I worked for the State of Illinois, Department of Human Services

Resolved Question:

I worked for the State of Illinois, Department of Human Services for 14 years. They tried to have me Involuntarily Committed for a psychiatric evaluation. They did this in front of other staff, holding me after my working hours. Ambulance drivers and other witnesses reported they could not believe how I was treated. I was in shock. I had returned from a medical lve and was about to go back out on medical lve (hurt my back at home-2 surgeries) when they did this. The doctor at the hospital they transferred me would not admit me because he said he saw nothing that would indicate I was a danger to myself or others nor did they have proper documentation for them to hold me. Soon thereafter they fired me, saying I violated Work Place Violence Laws among other charges. I cannot find a lawyer to reprsent me. What can i do. I now work for the Department of Veteran Affairs. I have since been evalated voluntarily, and they found nothing to indicate I was psychiatrically ill. Because of their actions, however, I was forced to rent my home (move out), lost many of my possessions, etc...
Submitted: 3 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you. I switched your question out of "chat" because I have a lot of trouble using "chat." I hope that you don't mind.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Can you please tell me approximately when this occurred? (Month/year).

 

What is your question?

 

Do you need help finding an attorney/law firm to represent you? At Just Answer, we answer legal questions, but we don't represent anyone.

 

It sounds to me - so far - as though you have a case, and possibly a very good case.

 

I'll look forward to hearing from you,

 

Jane Doe Deer

Customer: replied 3 years ago.

This happened on April 1st (fool's day) 2010, 3 days before my appointment with the specialist who would have returned me back on medical leave status. On April 2nd, 2010, I received a call from the chief of security, informing me I was not permitted on the state grounds. The hospital administrator placed me on administrative leave. From April 2nd to June 30, 2010, I received several correspondence from my employeers, each stating I was being charged with one violation, then three, and then finally, a total of 5 charges. At the end of June, 2010, I received correspondence stating I would be terminated from employment effective July 1st, 2010. What makes it even more of an irony is that my employers were in fact governed by the Department of Human Services. Chester Mental Health Center is a maximum security mental health facility, housing the criminally insane. At the time of the incident, my employers were also aware that I was already under the care of a psychiatrist for treatment of Attention Deficit Hyperactivity Disorder as well as a Pain Management Specialist and a Neurosurgeon for the treatment of the back injury I sustained at home. I would have gladly signed a release of information to assure them I had no plans of hurting myself or others. I was, however, very physicaly ill and my attempt to come back to work was a mistake. Sitting for 8 hour shifts only irritated my injury further which in turn increased the pain level. My question to you is has my employer's broken the law/can they hold me after my shift, parade me around other staff and fellow coworkers, and then force me to go by ambulance (police were called to) to a institution to be evaluated without any signed/court order, etc...and then fire me when I need health protection the most, causing me to loose my house, everything? And why can't I find anyone who will represent me?

Expert:  Jane Doe Deer replied 3 years ago.

It sounds as though you have a good case, as I said before. Right off the bat, it sounds partially like a HIPAA violation, and then possibly, too, disability discrimination.

 

Unfortunately, however, most states and the EEOC require that you file a complaint with them for discrimination within 180 days. It doesn't hurt to check that, however. Please double-check the deadlines with the state agency at:

http://www.state.il.us/ihrc/forms/complaint.pdf for the state and

 

http://www.eeoc.gov/ for the federal agency.

 

I don't know where/how you've tried to find an attorney.

 

 

In Illinois, if you want to find an employment attorney you may want to first try through this organization:

 

http://www.nela-illinois.org/

 

You can find trial attorneys through here:

 

http://www.iltla.com/

 

Another place is the bar association's web site: http://www.illinoislawyerfinder.com/

 

Don't actually HIRE an attorney without first checking references. And don't try to pick the attorney's brain on the phone. Schedule an appointment and visit the office, like you would for a doctor!

 

In your particular situation, I would try larger firms, probably in Chicago. Larger firms have more resources.

 

Even if it's too late to file a discrimination case with an agency, you may still be able to file in a state court. And you may have other claims too.

 

I suggest that you schedule consultations with at least two attorneys, maybe three, even if you have to pay a bit (if you can afford to do so). Make sure that the attorneys have at least five years experience in employment law.

 

One reason that an attorney hasn't taken your case may be that these types of cases, against governemtnal entities, can be very expensive for an attorney to handle. Attorneys are business people, and if someone takes a case on contingency (commission) he or she is making an investment...so attorneys prefer "easy wins" of course.

 

Another factor is juror pools. A person may have a great case, but if the juror pool in the area is likely to be conservative and pro-employer, it's yet another obstacle that an attorney will have to consider.

 

Please try to be persistent, and at least make a few appointments, go in, and see what they say.

 

BEFORE you go in, make sure that the attorney's office doesn't have a conflict of interest in that they haven't represented any of the potential defendants in the past.

 

Also, before you go, write out a chronological list starting with the date you were hired. List things such as good evaluations, your injury, etc. Don't make it a book - just a chronological list of major events in your work history with that employer. Not only will this help you prepare and refresh your recollection, but it will demonstrate to a potential attorney that you are a smart, organized person, and therefore a more desireable client.

 

Expect to have to pay for the costs of any lawsuit, for such things as the filing fee, depositions, etc. An attorney will want you to be an active partner. Some will let you wait until the end of the case. If you win, the "other side" will probably have to pay your costs, but if you lose, you'll have to - another thing to consider.

 

Again, it's really important that you check an attorney's references prior to hiring him or her.

 

Please don't hesitate to write back if I can be of any further help.

 

My best,

 

Jane

 

 

 

 

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and 3 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions

Chat Now With An Employment Lawyer
Jane Doe Deer
Jane Doe Deer
Attorney
963 Satisfied Customers
Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.