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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26804
Experience:  Employment Law Expert
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How to I file a breach of contract lawsuit in the case of a

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How to I file a breach of contract lawsuit in the case of a violated mediation agreement between my self and the school district that filed a harassment charge against? The EEOC gave me a right to sue letter based on the "violation of contract." The person the mediation agreement was released to was the stepson of the perpetrator.
My original attorney (now retired) wrote the mediation agreement as a contract, that if released to anyone, constituted a violation of that contract. It was released under the Freedom of Information Act, but under the statute, it says" in the public interest. The EEOC agreed that it had been violated and my very well constitute further intimidation and harassment by this man.
My new Attorney (on court suspension and can not give any legal advice)also agreed the contract had been violated and the harassment and retaliation clearly had been ongoing and I should pursue this in State Court that had a longer statute of limitations.
Clearly I have had issues with Attorneys, but just want to get this contract in front of a Judge and get a ruling and it appears my only option is to do it myself.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Dwayne B. replied 3 years ago.
Are you asking how to file a lawsuit for breach of contract? If so, you need to be a little more specific in your question since books could be written on that topic. If no, please rephrase.
Customer: replied 3 years ago.
Yes, how do I file a lawsuit for breach of contract?
Expert:  Dwayne B. replied 3 years ago.
Who released the mediation agreement and what were its terms?
Customer: replied 3 years ago.
The Personell Director of the School District I work for released it.
The Mediation terms (in a nut shell) were as follows;
1. I would not institue a law suit against the District.
2. Submission to the Mediation constituted closure of the EEOC Charge.
3. The Mediation did not constitue an admission of violation of the Civil rights Act.
4. There would be no discrimination or retaliaation as a result of my filing the charge or anything related to it.
5. The agreement constituted a final and complete statement of all parties.
6. The parties agree that the EEOC is authorized to investigate compliance with this agreement and that this agreement may be specifically enforced in court by the EEOC or the parties and may be used as evidence ia a subsequent proceeding in which a breach of this agreement is alleeged.
7. As evidence of a good faith effort to resolve this charge, respondant offers and charging party accepts the proposal of settlement: (The terms contained in Attachment 1 are incorporated by this reference) There are 8 points in Attachment 1;
1. The District would complete its investigation and take approate action.
2. The The district would provide sexual harassment traing including examples of reporting proceedures.
3. That I would bring compliants to RXXXXX XXXXX, if unsatisfied to Beverly Root, if unsatisfied to Joel Aune.
4. When a complaint is recieved the district will acknowledge reciept and provide information about the status of the investigation.
5. No investigative interviews would occur in the principals office in public view.
6. The district will instruct the investigator to provide witnesses with the reason for the interview, assurance of no retaliation and confidentiality.
7. I would participate in the investigation and provide the investigator the names of the witnesses, provided the witnesses do not object.
8. The district would pay me $10,000 in 4 payments $4000 by 11/30 2009 and $2000 nolater than 9/30 for the next 3 years.
Violation of any part of this agreement included;
Confidentiality and non-disparagement - AAll parties agreed that they will keep all terms of this settlement agreement confidential.
Also includes that if it was necessary for any party to bring an action to enforce the terms the prevailing party was entitled to its attorneys fees, costs and collection thereof.
Expert:  Dwayne B. replied 3 years ago.
You can pursue it in state court although it may be removable to federal court. I personally don't think so since breach of contract is covered by state law.

What damages are you going to seek?
Customer: replied 3 years ago.
Attorneys fees, riembursement of all of $$ related to experts, compensation for the retaliation and continued harassment, compensation to others retaliated against for being witnesses, pain and suffering, medical expences, relocation expences and compensation for the damage to my career, reputation and integrity. Compensation to my family for the suffing they have experienced. I would like them to buy out my contract so I can pursue another career.
Accountability for the illigal behaviors and change in the currupt system ,that ressults in transparency and due process for individuals in similar situations (adhearance to the law within the time limits).
Expert:  Dwayne B. replied 3 years ago.
Some of those, such as attorney's fees, are damages you can claim others, such as expert fees, are not recoverable. However, if your intent is to negate the whole contract and start over then you will likely be in federal court and you will almost certainly need an attorney's assistance.

The first thing you do in federal court is to go to their website and see if they offer any forms or guides to pro se litigants, If not, your best option is to go to the clerk's office and ask to get a copy of a lawsuit filed by an attorney for an employment law case. In federal court this is called a "Complaint". Use that as a guide. While you are there ask the clerk where you can go to look at the local rules. These will be online somewhere, each court or district has their own.

Once you prepare the complaint you can have them served. You do this by asking the clerk to issue a citation which is then served by a process server. In addition, most local rules allow for you to notify them of the lawsuit by sending it and a letter by certified mail, return receipt requested. They can then opt to file an answer without being served.

Federal courts are very, very picky about procedures and formalities so it would behoove you to occasionally visit a court and see how people act and what they say in there.

Hopefully you can get an attorney to assist you and take a lot of the weight off of your back. Since this will really be an employment law case instead of a breach of contract you can go to www.avvo.com and look for a lawyer who practices employment law.

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Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26804
Experience: Employment Law Expert
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