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I responded to defend's motion for a more definite answer.
I also responded with a motion to dismiss their motion to dismiss
and I submitted a memorandum to support my motion to dismiss their motion to dismiss. I only referred to the civil rights act, not any specific cases. I also have typos in my responses. I sincerely feel the judge will grant their motion to dismiss for "failure to state a claim for which relief can be granted....I am trying to sue my former employer for retaliation. I filed a charge against them in 03 and they started retaliating with various charges leading to my dismissal for passing a defective red signal, in 2005..I was a locomotive engr for CSX RR. They withheld the fact that the signal was defective. they petitioned the fra 2x's after my dismissal to revoke my license, and lost. they violated Railway labor act by not acknowledging my chosen union representation.   Should I dismiss and move on, or submit motion for summary judgement, FRCP 56,w/evidence

Submitted: 445 days and 11 hours ago.
Category: Employment Law
Value: $30
Status: AWAITING EXPERT REPLY
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Optional Information

Danville, Illinois

Already Tried:
pro se plaintiff

Posted by Jane Doe Deer 444 days and 22 hours ago.

Info Request

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

 

There can also be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break.

 

I need the following answered before I can answer your question. Sorry - it's a little bit of a different process from sitting in an attorney's office.

 

Can you please tell me what your case is based on? Is it just retaliation?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

444 days and 20 hours ago.

Reply

yes, In March 2008, EEOC sent me a letter with right to sue for retaliation. I filed discrimination based on gender against them in 2003 and because they gave false info to the eeoc at that time, the charge was dismissed. I was then charged two months later with absenteeism, again, five months later, absenteeism, although the charge was dismissed, they placed it in my personnel file. Six months later, absenteeism, although my sister had been diagnosed with lung cancer and due other family illness, I had missed work and I was charged with absenteeism. that was 08/04, In Feb. 2005 a defective rail car that was suppose to go to the scrap yard was placed in my train, while setting that car out of my train, it obtained further damage and I was wrote up for a train handling incident. In 07/05 I passed a defective red signal and I was fired. They covered up the fact the signal was defective. They did not respond to my authorized union appeals but to appeals from a union I didn't belong to. In 2006, before the deadline expired to file a charge against them, I did, for discrimination based on gender. In 11/06 I attended a fact finding conference with the IDHR and CSX. CSX stated I had to wait for the public law board ruling to find out if I could have my job back. While the IDHR asked if I wanted a settlement, I stupidly withdrew my charge believing I still could have my job back. I learned in 07/07 that the board ruled against me in 09/06 and CSX withheld that fact during the fact finding conference in 11/06. For that reason, I filed a charge of retaliation against them in 09/07 and have received the letter with right to sue from the eeoc. my first question to you states what I have done so far.
Thank you
Molly

Posted by Jane Doe Deer 444 days and 19 hours ago.

Info Request

Miss Molly, I feel as though this question is over my head. I am going to opt out and ask another Expert to take a crack at it. Please be patient; someone should be able to help you within 24 hours.

 

Best of luck to you,

 

Jane

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