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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19023
Experience:  B.A.; M.B.A.; J.D.
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This is how I was terminated: Several armed guards ran into

Customer Question

This is how I was terminated: Several armed guards ran into our Federal facility causing the more than 200 employees to believe that we were under a terrorist attack. Employees stopped working and starting communicating with their managers about this situation.
At that point, my manager called me into a conference room where I was immediately surrounded by these armed guards. As a black man, I believed that they were going to club, tackle, or shoot me in the back. I was so traumatized that I could not speak. I was
further traumatized and extremely humiliated when my manager handed me a document that said I was being terminated because I received a $13 refund check from the IRS. The document stated further that it was criminal misconduct for individuals to communicate
with the Internal Revenue Service about Federal income taxes. I was so traumatized that I did see a psychiatrist. The psychiatrist found this story to be so outrageous that he did not believe me until I showed him the document. Question 1: Do you think that
a court would consider the employer's actions to be outrageous? Let me say that I have never been arrested or have ever had any interaction with the police. Question 2: Can I sue the responsible individuals for intentional infliction of emotional distress?
Question 3: How do I effect service of process on individuals who are federal employees? I don't know where they live because their home addresses are not a matter of public record. This is how I was terminated: Several armed guards ran into our Federal facility
causing the more than 200 employees to believe that we were under a terrorist attack. Employees stopped working and starting communicating with their managers about this situation. At that point, my manager called me into a conference room where I was immediately
surrounded by these armed guards. As a black man, I believed that they were going to club, tackle, or shoot me in the back. I was so traumatized that I could not speak. I was further traumatized and extremely humiliated when my manager handed me a document
that said I was being terminated because I received a $13 refund check from the IRS. The document stated further that it was criminal misconduct for individuals to communicate with the Internal Revenue Service about Federal income taxes. I was so traumatized
that I did see a psychiatrist. The psychiatrist found this story to be so outrageous that he did not believe me until I showed him the document. Question 1: Do you think that a court would consider the employer's actions to be outrageous? Let me say that I
have never been arrested or have ever had any interaction with the police. Question 2: Can I sue the responsible persons individually for intentional infliction of emotional distress? Question 3: How do I effect service of process on these individuals who
are federal employees? I don't know where they live because their home addresses are not a matter of public record. Is there a certain Federal entity that is served? Question 4: what is the statute of limitations? Question 5: is this tort governed by state
or Federal law?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

I am so sorry once more to read about your ordeal. That is quite outrageous and at the same time incredible.

Question 1: Do you think that a court would consider the employer's actions to be outrageous?

Response 1: Yes, based on the information that you have provided.

Let me say that I have never been arrested or have ever had any interaction with the police. Question 2: Can I sue the responsible persons individually for intentional infliction of emotional distress?

Response 2: You need to sue the agency and the individuals. The agency is vicariously liable for the action of its employees.

Question 3: How do I effect service of process on these individuals who are federal employees? I don't know where they live because their home addresses are not a matter of public record. Is there a certain Federal entity that is served?

Response 3: You would have to use the address where they work and have a process server serve them at work in accordance with Federal Rules of Civil Procedure Rule 4 (e) and (i). Service on the agency must be made pursuant to Federal Rules of Civil Procedure Rule 4(i)

https://www.law.cornell.edu/rules/frcp/rule_4

"(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees.

(1) United States. To serve the United States, a party must:

(A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought—or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk—or

(ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office;

(B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and

(C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer.

(2) Agency; Corporation; Officer or Employee Sued in an Official Capacity. To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.

(3) Officer or Employee Sued Individually. To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g).

(4) Extending Time. The court must allow a party a reasonable time to cure its failure to:

(A) serve a person required to be served under Rule 4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or

(B) serve the United States under Rule 4(i)(3), if the party has served the United States officer or employee.

Question 4: what is the statute of limitations?

Response 4: Two years from the date of the incident.

Question 5: is this tort governed by state or Federal law?

Response 5: State law.

Best wishes,

Customer: replied 1 year ago.
Rule 4e says that defendant must be served personally, at home, or via a legally authorized agent. Since home addresses are unknown, how do I found out who the agency's delegated agent is?
Expert:  Phillips Esq. replied 1 year ago.

There is no way to find this. Unlike a business, an individual is not required to have an agent for service of process. Since you know the place of employment of the individuals, you can direct your process server to serve the individuals at work.