Have Legal Questions? Ask a Lawyer Now.
I was forced out around 04/2011. I seen the contract when I signed 18 months earlier....but did not thought any thing about it. The understanding was I would not sue them if the just left me alone.
Someone left a legal doc on my door step this Saturday 08/31. I have not heard from them since Oct 27 2011 When I contacted NAACP. I thought this matter was closed.
No not in writing but I did have a phone call from someone from the hospital I told them I was not playing...I would sue them if the didn't leave me alone and $975 Would be pennies to what I would seek in damages. So the calls truly stop. I have copies of drug tests, documents of events a the letter I sent to NAACP. I thought this was finished.
Melissa,Let me go down the list based on what I see. If at any time you need to clarify something or you feel that I have missed something, please use the 'reply' button and I will be happy to further explain.The first issue is your claim of discrimination and essentially wrongful termination. It i a valid claim but the problem is that the statute of limitations on filing suit for something like that is no more than 300 days from date of when the adverse action took place. At this o point it has been too long fro you to go to the EEOC, for example, and start up this claim. While you could in theory retain counsel, with this being so far behind the statutory period, I do not see any attorney taking this without a retainer and I also do not see a successful outcome on that end. It might well be that is the reason they waited to serve you just now--they wanted to make sure that your legal options would have been limited due to expiration of statute. Further, this is not really an NAACP matter--they would argue that this is contractual rather than civil rights based, and would point to the language in the agreement allowing them to collect the funds.Speaking of the contract, that is really what is most important here, and if you could obtain a copy that may help create more options for you. The contract you signed under which term you obtain the bonus likewise has to denote under which options they could seek the funds. Perhaps you could argue in court that as they compelled you to leave without good cause, they could not pursue you for the funds. Of course what weakens this position is no writing on your end, but if there are emails or communications, perhaps an implied agreement could be argued.I do apologize for being direct here but I do not see a cause of action that would be successful against the company--I do see a means to potentially successfully defend yourself against their letter via this argument in court, but technically it's been too long to sue them at this time. Hope that helps and please let me know if I can clarify anything else.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).