Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

can i get an extension to file a lmrda lawsuit against my union?

does the 6 months toll...
can i get an extension to file a lmrda lawsuit against my union? does the 6 months toll after ALL internal remedies are exhausted or somehow prior? can the evidence predate the 6 months if the internal process took longer?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 hour by:
10/1/2013
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,796
Experience: Exclusively practice labor and employment law.
Verified
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. The six months in your case bean to count on 7/1/13. The law clearly states in section 101(4) that a member may be made to exhaust all internal procedures before filing a civil suit. Technically, you're union procedure was tardy in that it should have been complete in no more than 4 years. But, it was final on 7/1/13. So you have 6 months from that date to file in court.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

ok that is what i thought so ALL evidence of misconduct of and relating to my complaint has no time limit correct? since the whole thing began in october i can bring evidence from that point forward right?

Joe, correct, there is no time limit on the evidence of the conduct. As long as the evidence would have been timely when you began the union procedure such evidence and any even older continuing violations can be used as evidence.

Let me know if I can be of further assistance. Thanks.
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,796
Experience: Exclusively practice labor and employment law.
Verified
John and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

thank you. i was pretty confident but im going into fed court pro se is a little intimidating for me and i just wanna be sure of my facts


 


 

Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,796
5,796 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John 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

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 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

5,796 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
This is about employment at General Dynamics/Bath Iron
this is about employment at General Dynamics/Bath Iron Works. My husband is 35 year member of the IAW Local S6. He is a trainer for machinists, a position clarified in current labor contract. He also … read more
John
John
Employment Lawyer
5,796 satisfied customers
Can a union be charged under Section 501 of the LMRDA for not
Can a union be charged under Section 501 of the LMRDA for not enforcing a clause in the cba resulting in monetary losses for the rank and file?… read more
John
John
Employment Lawyer
5,796 satisfied customers
I am being threatened with "union discipline" at my workplace
I am being threatened with "union discipline" at my workplace for engaging in casual conversation with a non union employee (supervisor). Our conversations do not include ANY union talk at all. We bas… read more
John
John
Employment Lawyer
5,796 satisfied customers
i am a union member. i have two unrelated question 1 - i
i am a union member. i have two unrelated question 1 - i was put on a job with no CBA. i was never told this prior to accepting the job but learned later...dont they have to tell you beforehand if the… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Hello. Does the Constitution of the United Association supersede
Hello. Does the Constitution of the United Association supersede Federal or State Laws concerning Union elections?… read more
John
John
Employment Lawyer
5,796 satisfied customers
Hello if the International Union consolidates 3 Locals into
Hello if the International Union consolidates 3 Locals into 2 and none of the Locals have had elections in over 2.5 years how soon can they have elections… read more
John
John
Employment Lawyer
5,796 satisfied customers
Does a union officer or other union "fiduciary" under the LMRDA
Does a union officer or other union "fiduciary" under the LMRDA breach his/her fiduciary duty if he/she fails or refuses to accept or to act upon, or rejects, advice of in-house counsel? Under the LMR… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
my son worked at a job with teamster union 20 yr ago.He left
my son worked at a job with teamster union 20 yr ago.He left after a yr.all future employment was non union.Recently he started working for anothe company that is teamsters and theytold him he has to … read more
John
John
Employment Lawyer
5,796 satisfied customers
We had election of officers at our local and the members
We had election of officers at our local and the members voted me in as PRESIDENT of our local and i havent taken office becaue of a filed protest by the out going President.The election was held in A… read more
John
John
Employment Lawyer
5,796 satisfied customers
have senority problem went to union steward explained it afected
have senority problem went to union steward explained it afected him to.steward got his senority day changed.did not get my changed.union&labor will not help me.where can i get help.… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I realize that this is not a labor law question as much as
I realize that this is not a labor law question as much as it is an LMRDA / Union Corruption question, but I am hoping that you can still advise me or point me in the right direction for legal review … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I have a Pro Se case. I have just began to serve the Summons
I have a Pro Se case. I have just began to serve the Summons and need more time .Can I ask for an extention of time ? The Summons aren't with the Marshalls yet and my time is already down to 1/2 the a… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Incident - from police report -- I was dispatched to a threats
Incident - from police report -- I was dispatched to a threats report that had occurred prior at XXXX YY said that last night at a FF meeting she felt that she was threatened by a fellow employee and … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
there are some unanswered questions in are local union union
there are some unanswered questions in are local union union exec. will not produce our buy laws they keep making exeuses about the where abouts.,… read more
Employment Lawyer
Employment Lawyer
Attorney
Doctoral Degree
311 satisfied customers
Anthony Collins did give me somewhat satisfactory advise.
XXXXX XXXXX did give me somewhat satisfactory advise. I have a followup question. Statutes of limitations in the right to sue under the EEOC Title VII and ADA is 90 days. But what is the statute of li… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
i belong to a union in upstate ny. my business manager has
i belong to a union in upstate ny. my business manager has told us that our pension plan lost over 28 million to madoffs ponzi scheme...they are not being very forthcoming with any info and are talkin… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I presently have an EEOC charge against my union and employer.
I presently have an EEOC charge against my union and employer. I do not feel that personal discrimination is the best approach to my issue because a few other union members have been simularly affecte… read more
Lawyer Bob
Lawyer Bob
Doctoral Degree
413 satisfied customers
Under what conditions can an International Union Disban or
Under what conditions can an International Union Disban or put a local union under administratership. Do they have the right to sieze the local bank accounts?… read more
Experienced Attorney
Experienced Attorney
JD
268 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