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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11257
Experience:  Significant experience in all areas of employment law.
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KNOWING THERE IS A STATUTE OF LIMITATIONS THAT MAYAPPLY

Customer Question

kNOWING THERE IS A STATUTE OF LIMITATIONS THAT MAYAPPLY HERE, MY QUESTION IS DOES THIS APPLY EVEN IF A REPORT SUBMITTED BY A CITY ATTORNEY IN A CLOSED SESSION, WHICH RESULTED IN MY TERMINATION AFTER 22 YEARS, IS NOT ON FILE WITH THE CITY, NOR WILL THE SUBJECT ATTORNEY PROVIDE ME WITH A COPY OF THIS REPORT IN SPITE OF MANY REQUESTS BY MYSELF AND AT LEAST ONE CITY COUNCIL MEMBER. I COULD NOT HAVE SUED WITHOUT THIS REPORT AND THE MINUTES FROM THE CLOSED MEETING.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

Hello and welcome. Are you asking whether the fact that this report was not made available to you would be a defense to the statute of limitations? I very much look forward to helping you on this matter.

Customer: replied 4 months ago.
IT WASN'T MADE AVAILABLE TO ANYONE, INCLUDING COUNCIL MEMBERS AT THE MEETING. I HAVE REQUESTED COPIES OF THE REPORT FROM THE ATTORNEY AND COPIES OF THE MINUTES FROM THE CITY.
Customer: replied 4 months ago.
I AM NOT SURE HOW TO CALL YOU.
Customer: replied 4 months ago.
cA i CALL YOU ROM MY LAND LINE?
Customer: replied 4 months ago.
i HAVE NEVER MADE A CALL FROM THIS COMPUTER, IN FACT , i DIDN'T KNOW i COULD
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 4 months ago.
WE CAN SKIP THE PHONE CALL. I CN WAIT FOR YOUR WRITTEN RESPONSE..
Expert:  Patrick, Esq. replied 4 months ago.

Thank you, ***** ***** am not set up for phone calls. I can answer your question here, though.

If you can prove that the documents were concealed from you by means of fraud, then that might possibly be a defense to the statute of limitations. But otherwise, the simple fact that the documents were not given to you would not be a defense. If you knew that the documents existed then you would have needed to file suit and then subpoena the documents through the litigation process. So, at this point you would typically need to prove actual fraud.

Customer: replied 4 months ago.
NOT ONLY WASN'T THE REPORT GIVEN TO ME, FOLLOWING A WRITTEN REQUEST. A COUNCIL MEMBER AT THE MEETING ASKED FOR A COPY. THE ATTORNEY SIMPLY SAID HE COULDN'T LEAVE ANY COPIES.. SHE WOULD TESTIFY TO THIS.
Expert:  Patrick, Esq. replied 4 months ago.

Thank you, ***** ***** I am saying is that unless the EXISTENCE of the documents was concealed from you, then you would not typically be able to overcome the statute of limitations. The simple fact that the documents were not produced, while itself improper, would not be a defense. You would have needed to file suit and subpoena the documents in the course of your litigation within the timeframe of the statute of limitations.

Expert:  Patrick, Esq. replied 4 months ago.
Please let me know if there is anything more I can do....
Expert:  Patrick, Esq. replied 4 months ago.
Are you still with me?