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. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can 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. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Can you please clarify. Are you saying that you filed a case in federal court but that the judge dismissed the case following, perhaps, a motion for summary judgment?
What reason did the judge provide for dismissing the case?
And when did the dismissal occur?
I'll look forward to hearing from you,
Jane Doe Deer
The dismissal occured Nov 25th and it was a summary judgement,
He listed several reasons
One was that in summary judgement evidence failed to show the existence of an adverse employment action
He further stated that I had offered several unpleasant confrontations as evidence, written reprimands , incidents allegeding unfair treatment but that these events didn't qualify for adverse employment actions and that my entire Title Vii claim rested on my claim of constructructive discharge.
He gave an explanation of constructive discharge of there being a resonable instance the employee would feel compelled to resign. He considered demoiton, reduction,in salary and job responsibilities to menial or degrading work. He then stated that badgering, harrassment or humliation by the emoployer to encourage resignation. Offers of early retirement that would make worse off the whether the offer were accepted or not.
He said the court isn't focusing on the sub jective attitudes and sensibilities of the the employee but instead requires the court to apply objective reasonable employee test.
and that was whether a reasonable employee in the position of mine would have felt compelled to resign He said I failed to show that, that I was not demoted or given a reduction in salary and no evidence for reduciton in my responsibilities or reassingment
and that althought there were severeal examples of how I was unfairly treateded as to the job assignments, work schedules and disciplinary actions that was no evidence of a campaign of harrassement for the purpose of forcing me to resign. Which is the very reason I did resign.
He claims my resignation was volutary
He went to say that " assuming arguendo that the Plaintiff has sufficient evidence to establish an adverse employment action, she still has the burden of proving that she was a victim of discrimination based on race or national origin.
He said my relationship with my supervisor was marked by personality confilictsand claims of unfair treatment that I failed to support and that i contrradicted at times.
The judge just didnt see it context or was not given everything. And in looking over and comparing his response to the defendents lawyers, he just recopied what the defendent's lawyer submitted for their petition to dismiss and give summary judgement
I don't have the federal court rules in front of me right now, but I think there is still time for an appeal to the Court of Appeals.
You have a halfway decent chance of getting the dismissal overturned and returned to the trial court.
You need to hire an attorney who specializes in appeals. The information about filing an appeal is in the federal court rules.
Employment Lawyer
Atty. 22 years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.