Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

In Missouri, if you filed a federal law suite for ADA, FMLA, and Retaliation charges

Customer Question
against an employer, but lost...
In Missouri, if you filed a federal law suite for ADA, FMLA, and Retaliation charges against an employer, but lost in a Summary Judgment because you should have filed your suit under Labor Law Codes for Discrimination and Harassment, Can you refile your case under these laws, or has your time limitation run out?
Submitted: 6 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 hours by:
3/3/2011
Employment Lawyer: Jane Doe Deer, Employment Lawyer replied 6 years ago
Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Verified

The time limits don't change unless the judge, when dismissing your case, gave you an extension of the deadline.

 

However, I don't understand why your case was dismissed on these grounds. Did you appeal?

 

 

Ask Your Own Employment Law Question
Customer reply replied 6 years ago

Dear XXXXX Doe Deer,

 

Thank you for your response. I think the main reason I lost to a summary judgment is because my attorney of record was practicing out of his area of expertise, and he was going up against a heavy hitting law firm and further he failed to file at least two motions prior to the Defendants filing the Motion for Summary Judgment.

 

The two motions he failed to file, after I requested numerous times. One of the motions was a motion to compel, because the Defendants would not turn over requested Discovery and they further failed to produce discoverable documents. The other motion that should have been filed in District Court would have been a Motion to Recuse the law firm over a conflict of interest for filing misleading and false, and because it was over a material facts, could be purgerous written answers on the Defendants Admit Questions and Interrogatories. The law firm representing the Defendants had first hand knowledge that discoverable documents had been knowingly and wilfully destroyed.

 

My attorney then in his response to the motion for Summary Judgment failed to put material facts in his brief and he did not even quote any case laws, or Federal Regulations and Code when writing this brief. This attorney was just over his head and out of his area of practice, but in several attempts to find a labor attorney, their was either a conflict of interest, or I was to far into the case. So I lost. I even had 2 Supervisors and 2 Department Heads testifying on my behalf. So that is why I lost.

 

I appealed this Summary Judgment Order from the District Court to the Eighth Circuit Court of Appeals. I had to end up filing it "Pro Se", because after I lost Summary Judgment an attorney who had been in practice with my attorney of record during portions of my law suite called me and wanted to represent me in my appeal. He was aware of my case, and stated I should have won. So this attorney file the motion to appeal to the Eighth Circuit.

 

Now this attorney had no intentions on writing the appeal brief to the Eighth Circuit. He just wanted to see if the Defendants would make a quick cash settlement prior to the Appeal Brief being filed. Well the Defendants law firm, like I said was heavy hitters, and so no settlement could be reached. Now this attorney sent me a letter two weeks prior to the Appeal Brief being filed, which stated he was no longer going to represent me and that I needed to find another attorney. He also sent the Motion to Withdraw that he filed with the Eighth Circuit.

 

I did have enough time to find another attorney, or law firm that would represent me on such short notice, so I had to file it "Pro Se". I followed the rules of the Eighth Circuit and filed my Appeal Brief and Appendixes as well as my Response Brief to the Defendants Reply Brief. I further made motions to the Eighth Circuit for a Motion to Compel Discovery and Documents as well as made a Motion to Recuse the Defense law firm based on a conflict of interest in purgerous statements they allow in. The Appeal Brief itself was filed on ADA, FMLA, and Retaliation Claims.

 

The Eighth Circuit ruled on my case, but only on my FMLA claims and not the ADA, or the Retaliation violations. The ruled in favor of the District Courts ruling for Summary Judgment base on FMLA. Their ruling was not even a half of a page that was doubled spaced.

 

I was told by someone on the inside, that if I was to file Discrimination and Harassment following Federal Labor Laws, I could win. But I don't know if I can do that now, because of Statue of Limitation may have run out. I got my Right to Sue from the EEOC and MO Dept. of Labor if memory serves without looking at my paperwork back in May of 2008.

 

I know I could make a complaint on these two lawyers and this law firm with the Chief Disciplinary Council, but because I feel they committed legal malpractice, do I have a case on them? I don't know? I don't think that a law firm can knowingly file false and misleading answers on Admit Questions and Interogatories.

 

I would love to send you all this especially my Appeal Brief's and Motions I filed with the Eighth Circuit Court of Appeals. You will be able to see with the supporting evidence documents that I had, nearly 70, that this case had materal facts and was not just a matter of law.

 

Thank you for you time. I hope to hear back from you. JOHN

Customer reply replied 6 years ago

Dear Ms. Deer, ha ha ha!

 

I also want to let you know that this law firm that was representing the Defendants in this case was very politically connected. I been told from someone on the inside that the insurance carrier that was representing the Defendants paid out more then $700,000.00 in legal fees defending this case.

 

As far as my Appeal Briefs and Motions I filed with the Eighth Circuit Court of Appeals, I had 3 attorney's review what I filed. One of them was a former Circuit Judge. Upon their review and reading my briefs and motions, all said they was well written and researched and that they know many attorney's that could not have written these briefs as well as I did. 2 out of the 3 attorneys stated that the Defense in their briefs admited in some of their responses material facts as well.

 

If possible, I would give you a copy of all the Briefs I filed in this case, so you could read them and see what options I may have. I will be more then happy to pay any and all expenses for your time in review this case to see what my options may, or may not be. I have went to far and have spent out of pocket over $40,000.00 in the past three years trying to fight this. I am willing to spend more, if I have options.

Employment Lawyer: Jane Doe Deer, Employment Lawyer replied 6 years ago

Hi John -

 

I think you may have a good case for malpractice against the attorneys. There are few attorneys who take cases against other attorneys, however. You may be able to find someone through here: http://www.matanet.org/MO/ However, if you file a complaint, you may get something out of it, and filing is free. I don't know enough about Missouri's legal system, and I wouldn't be able to advise you anyway (regarding which path may be better).

 

Again, I can't give you legal advice, but what you need to research is whether the statute of limitations for either/or federal/state court is based on the date of the occurence of the discrimination, rather than the date of the Right to Sue letter.

 

You should also sit down and think this through - sometimes letting go of something, and being able to forget about it and move on is better than any amount of money. I know that whatever happened, it was bad enough to compel you to go through this whole mess -- I'm just saying it's one of many options to consider.

 

I can't review any of your documents through Just Answer, because that would be giving legal advice. I'm sorry about that.

 

However, you may be able to find a free employment attorney (or someone to whom you can pay a small sum) to review the two courts' decisions and give you advice and direction. Besides the website above, another good place to try is:

 

http://www.nela.org/NELA/index.cfm?event=showPage&pg=MO-KansasCity (this is a statewide organization, but I can only find their Kansas City location online).

 

I'm more of an employment attorney than a trial attorney, but it seems that if the 8th Circuit didn't rule on your entire appeal, you can petition them for a more complete ruling. There should be something in the Rules about that (in addition to the general request for reconsideration rules), but if there isn't, hey, try it anyway. Courts are often extremely nice to pro se clients, unless they do something like write in all caps and otherwise exhibit the behavior of someone who, shall we say, doesn't know up from down. I've never heard of such an incomplete ruling, that's for sure, and I can't think of any reason NOT to ask for a more complete ruling (unless you would somehow be on the hook for the opposing side's attorney fees, which can, of course, be a major deterrent).

 

May I be of any more help? I just want to let you know that I'll be quitting for the day pretty soon, and am not working here tomorrow. I'll check back Saturday, though.

 

My best, XXXXX XXXXX'm really sorry for everything you've been through. The discrimination is bad enough.

 

Jane

Ask Your Own Employment Law Question
Employment Lawyer: Jane Doe Deer, Employment Lawyer replied 6 years ago

My reply crossed over with your second message, but I don't think there's anything I want to add or change in response, other than that you seem like a very intelligent, well-educated person, so I'm glad to see that you'll understand what I'm saying (or trying to say, lol).

 

Jane

Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Verified
Jane Doe Deer and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Jane Doe Deer Your Own Question
Jane Doe Deer
Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3,896
3,896 Satisfied Customers
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.

Jane Doe Deer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Can yoy assist in labor law, union environment? Union,
Hi, can yoy assist in labor law, union environment? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
Possibly....labor law. A simple one methinks, however;
possibly....labor law. A simple one methinks, however; right-to-work state. Done a bit of research … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,366 satisfied customers
Labor Law in Georgia question.A Georgia employee gives a 2
Labor Law in Georgia question.A Georgia employee gives a 2 week notice. Does not have a contract. Has worked one of the 2 weeks however, with the holiday break happening the second week of two week no… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I need a labor law attorney. No applicable. It is a
It is a contractual relationship and not an employment relationship … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
I'm wondering what the labor laws are regarding lunch hour
Hi, I'm wondering what the labor laws are regarding lunch hour deductions. Our employees punch in and out and at times they forget to punch out for lunches that they are scheduled for and have taken. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I need labor law consult. No i am an employer. Subcontractor
i need labor law consult JA: Have you documented this or discussed it with HR? Customer: no i am an employer JA: Is the employment agreement "at will," union, full time or part time? Customer: subcont… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I have a question on forida labor law, more with pay. Spoke
I have a question on forida labor law, more with pay. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I'm looking for an employment/labor law attorney to
I'm looking for an employment/labor law attorney to represent me. 15090 zip code area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm having trouble locating a labor law lawyer here in ABQ.
I'm having trouble locating a labor law lawyer here in ABQ. NM.know one seems to have had a case in the situation of collection of final pay check. Back in July Partrick from this site explained the s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need a labor law attorney to represent me, a former
I need a labor law attorney to represent me, a former employee, against Western State Hospital. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
What are the labor laws for volunteers? I worked a Blues
What are the labor laws for volunteers? I worked a Blues festival last Sunday and was promised a shirt, lunch, breaks and a ticket to the rest of the show that day. I was told I violated one of the ru… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
Question regarding Labor Law. The company that I work for
Question regarding Virginia Labor Law. The company that I work for was acquired by a South Carolina firm. I was offered a job with the South Carolina Firm back in May 2017. The South Carolina Firm hir… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the labor laws on a manager cussing employees that
what are the labor laws on a manager cussing employees that work under this manager also herasment of employees … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x