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fOLLOW UP ON THE CASE, HAVE TWO QUESTIONS BUT THEY ARE INVOLVED. IN FILING THE EEOC COMPLAINT WITH THE UALD, AS IN THE HISTORY, I HAD TO SIGN A PRIVACY AGREEMENT WITH THE STATE, THAT SAID IT PROTECTED MY PRIVACY AS WELL.   HAVING SAID THAT, I RECIEVED AN ADJUDICATION FROM THE UALD THAT CLEARED ME OF THE INCIDENT.

BUT NOW THE UALD IS PUTTING A NEW DATABASE OF PRECENDENTS I GUESSS YOU CALL THEM, ON EMPLOYMENT LAW, AND RIGHT THERE WAS THE FEMALE HARRASSMENT COMPLAINT OF MINE AGAINST CONVERGYS/ATHERTON AS THEY CALLED THEMSELVES. ANYWAY, THE CASE WAS JUST AN OUTLINE, THE CASE WAS DISMISSED, BUT IT DID NOT HAVE THE MOTION TO REVIEW RESULTS. YES, THEY SAID I COULD NOT SUE, BUT IT LACKED THE ADJ JUDGE SAYING I HAD NOTHING TO DO WITH THE ALLEDGED HARRASSMENT.   DOESNT THIS ENLARGE/PROLONG/OR MAKE GENDER DISCRIMINATION PERMANENT AGAINST ME, AS WESTLAW CAN AND WILL PICK THIS UP? I COMPLAINED TO THE EEOC, I HAVE YET TO HEAR AN ANSWER. THE LINK I FOUND HAS BEEN REMOVED ON A GOOGLE SEARCH.

THE SECOND QUESTION I HAVE, IS THAT AFTER WORKING FOR CONVERGYS, I WAS HIRED BY SOS TEMP/SORENSON.   SOS HAD AN ON-SITE MANAGER THAT PREDOMINATELY COMMUNICATED WITH US THRU INSTANT MESSAGING, WHICH THEY GAVE ONLY 4 PAGES OF SAMPLES. IN THIS CASE, I WAS DENIED TIME OFF AND REASONABLE ACCOMODATION UNDER ADA LAW. I WON DISABILITY FROM SSA THIS YEAR.   THE JUDGE WOULD NOT LOOK AT IT, SENT A LETTER SAYING HE WAS GOING TO THROW AWAY THE CD-ROM WITH THE SAME MEDICAL EVIDENCE, WHICH HE EARILER RULED, THAT HE NEEDED TO SEE.

HE SCHEDULED TWO EVIDENTARY HEARINGS IN APRIL.   SO, MY FIRST QUESTION IS THAT IF SOS AND SORENSON HAD IM DISCUSSIONS, WHICH I WAS NOT A PARTY TO (AND THE IM 'LOGS' ARE NEITHER TIME OR DATE STAMPED) WOULD SOMETHING LIKE THAT, IF PRESENTED, BE HEAR SAY? SORENSON WOULD NOT DISCOVER THE IDENTITIES OF THE PEOPLE WORKING OVER ME.

IS THE JUDGES ACTIONS ACCOUNTABLE? HE DEMANDED I GIVE DISCOVERY AND BARRED ME FROM DISCOVERY, ALTHOUGH SOS DID GIVE DISCOVERY, SORENSON, NOT ONLY DESTROYED THE SHIFT TRADE BOOK BUT WILL NOT REVEAL EMPLOYEES. I KNOW THE EEOC HERE IN UTAH IS LIKE KANGAROO COURT, BUT IS THIS MISTRIAL MATERIAL? I AM CURRENTLY TRYING TO MAKE A MOTION TO REVIEW AS I DID IN THE CONVERGYS MATTER.

I KNOW ABOUT WHAT I WANT TO SAY IN REPLY TO SOS/SORENSON, BUT I NEED SOME LEGAL PRECIDENTS ABOUT FOUNDATION, IF THEY DESTROYED THE TIME OFF BOOK AND WHAT IS HEAR SAY IN RELATION TO IMs.

IN MY MOTION TO REVIEW, I TOLD THE JUDGE AND QUOTED HIM THE RULE, ABOUT EVIDENCE, DISCOVERY AND SURPRISE BTW.
THANKS MIKE NIEMI

Submitted: 300 days and 11 hours ago.
Category: Employment Law
Value: $30
Status: AWAITING EXPERT REPLY
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Optional Information

salt lake city, Utah

Already Tried:
NEED GENERAL/LEGAL PRECIDENTS FOR INSTANT MESSAGING. THE JUDGE WONT DETERMINE THAT I AM DISABLED THOUGH I BEEN GRANTED DISABILITY BY THE SSA, THAT HE CLAIMS TO NEED MEDICAL FACT, BUT WONT LOOK AT IT WHEN PRESENTED, AND NOW HAS CALLED FOR EVIDENTARY HEARINGS IN APRIL AND CHANGED THE SCHEDULING CALENDAR.

THE OTHER QUESTION INVOLVES THAT THE STATE AGREED TO KEEP MY 'SEXUAL HARRASSMENT' PRIVATE, AND I SIGNED AN AGREEMENT. THE UALD FOUND THAT I WAS NOT INVOLVED BUT POSTED THE COMPLAINT WITHOUT THE ADJ JUDGES OPINION. DOES THIS ENLARGE OR MAKE IT LIABLE THAT THEY PUBLISH THE WOMANS COMPLAINT IN DETAIL ON THE WEB?

Posted by Joseph Leon 300 days and 5 hours ago.

Info Request

Hi there, I'm not clear on the procedural posture of your case. Where are you in the process?

300 days and 4 hours ago.

Reply

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

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