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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32535
Experience:  Began practicing law in 1992
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My husband is a US Postal employee that was injured on the

Customer Question

My husband is a US Postal employee that was injured on the job when a flat box of mail fell from a conveyor belt that had no safety netting to catch falling mail. There was no emergency care given. Mr. Garrett's neck was broken and he now has a Traumatic Brain Injury. He also must now live in constant pain. The Post Office was responsible for providing employees with a safe and healthy working environment. The US Postal service should have also provided Mr. Garrett with emergency care at the time of his injury. Mr. Garrett was also discriminated against when his benefits were canceled. I filed an EEO for defamation of character, hostile working environment and disability discrimination. After several appeals the case was decided in the favor of the Post Office because the rep did not file our complaint in a timely manner not because we did not have a good case. I have 30 days left of a ninety day time frame to file this action and I cannot find a lawyer. Can I file it with out an attorney/
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: I filed an EEO and I received a decision dated Nov. 3rd
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I file this civil action without and attorney not to miss the filing dead line and what documents do I need?
Submitted: 13 days ago.
Category: Legal
Expert:  Dwayne B. replied 13 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 13 days ago.

Your husband can file the action, but you're not allowed to file for him/ Only an attorney can file a lawsuit for someone else. If he's going to file in federal court he would file a Complaint, if he is going to file in state court he would file a Petition.

The only possible way that you could file on behalf of your husband is if you file for a guardianship over him and get the court to specifically order that you can file for him and I have never seen a court order that.

Expert:  Dwayne B. replied 13 days ago.

You're likely having a hard time finding an attorney to take the case on a % basis because you missed the filing date for the EEOC and therefore the court may just outright dismiss the suit for a "failure to exhaust administrative remedies".

You could probably find an attorney to file for you on an hourly basis with a retainer.

Expert:  Dwayne B. replied 13 days ago.

Also, the process for filing a discrimination claim for a federal employee is different than it is for any other employer. You can find the specific instructions at https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm

Customer: replied 13 days ago.
I exhausted the appeals process through the EEOC. That is why I am at this point now. I filed his part on time the rep from the Post Office did not do so and now I know why. I do have a POA and I also got his benefits reinstated with back pay on my own because I was running into the same difficulty as I am now. because I saw what they were doing trying to cover this issue up because they were operating the machinery illegally. What documents do he need to file his complaint
Expert:  Dwayne B. replied 13 days ago.

He needs a Complaint. That's all that is needed for the lawsuit although most federal courts also require a Civil Case Cover Sheet. It isn't actually a part of the lawsuit, but the clerk will require it.

You can get the documents at http://www.uscourts.gov/forms/civil-forms

He can also send them the Notice of Lawsuit and Request to Waive Service of Summons but that isn't required to file the lawsuit. He would send that after the lawsuit is filed.

Expert:  Dwayne B. replied 13 days ago.

He can also read the info at http://www.uscourts.gov/forms/pro-se-forms/complaint-civil-case and at http://www.publiccounsel.org/tools/materials/files/GUIDE-How-to-Write-a-Complaint.pdf