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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I was fired from my job of 13years ( to work early) after I

Customer Question

Hello. I was fired from my job of 13years (for reporting to work early) after I made a complaint with EEOC. I filed a civil suit and it was dismissed. Is this worth appealing?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I have a few questions to better help you today.

You file a civil suit in federal court and it was dismissed? Or are you talking about your EEOC complaint being dropped?

What did they say was the basis for the dismissal (whoever it was)?

Expert:  Allen M., Esq. replied 1 year ago.

I'm not sure if you saw my questions. It's really difficult to say if it is worth appealing without knowing what stage you were at and what the basis for your dismissal was.

Usually, to have an actual federal case dismissed, you have to have failed to actually state a claim that could be resolved. Appealing that decision usually isn't worth it, because if you had a problem even getting passed that very low hurdle, winning at a trial would be near impossible. There are always exceptions to that rule, but rarely do you see a discrimination claim dismissed. Sure, they can be dismissed during summary judgment phase, but that is much farther along.

So again, it is really difficult to answer without more information.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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