Well another lawyer answered the question with some degree of confidence, because I knew the direction I wanted to go into. Right now, I cant the Judge to hold a true course, he hangs both parties up on Summary Judgements in the Adjudication, wont compel discovery from the companies when I ask but demands Discovery from me. Now I am asking for a Motion of Review of the case, and possibly a Mistrial. Mind you, this is only EEOC branch out here in Salt Lake City.
I have been accused at another company by a woman for sexual harrassment, but she is using ID theft to get employed. The Judge doesnt seem concerned about that. In that Motion of Review, I been cleared, but the UALD has posted the accusation and the Dismissal but not my clearance from the accusation. The other lawyer says I can sue for a continuing harrassment. a tort case he thinks. Is that correct?
I have taken my complaints to the chair of the EEOC in Delaware in hopes that this may break the blockade put up by the Judge. I dont know. I am not confused by the case, was just looking for a real good precident to use, to show law that affirms Reasonable Accomodation in work release and time off. They are using a partial Instant Messaging text and destroyed the hard copy book that keeps track of time off in the call center.
My response is the client isnt complaining of anything about my work conduct, the temp agency is the one who fired me. I take a controlled substance for my disabilities and they have me take medical tests, no way they could miss Xanax in my urine. They had to know. They simply used the refusal for time off as discrimination. The other lawyer said their case is "soiled". What do you think?
thanks Mike