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The discovery period ended. the def has disputes to resolve

The discovery period ended. the...

The discovery period ended. the def has disputes to resolve re my inability to produce discovery material. I responded 2x's to discovery req. I had a house fire in Mar. destroyed all records other than those attached to my complaint, which were supplemental. Those are all that I have. I ask are they going to settle this case as was indicated in the initial disclosures. Def atty, said they believe they are innocent. To avoid the cost of trial, wouldnt a Judge weigh the evidence already submitted and direct the defendant to negotiate a settlement. I am suing for ADA discrimination, FMLA retaliation. It is clear that I have evidence that would substantiate my claim. This is a corrupt public institution which indictments has been rendered From fed. court re many illegal acts in which the evidence, that I, as a plaintiff can prove. Twice I went out of FMLA when I returned, my desk had been cleared out and I was escorted out by police. The second time i returned from FMLA I was rushed to the hospital from the last 3/4 days of continued harrassment, ie. said i was going to the wrong bathroom. asking others about me, said if i got accomodations wouldnt be fair so gave accommodations to whole office, etc. etc. questioning, picking, lying in their meetings to me. days of returning from leave, my job was given to a person who had no disability and I was ousted under the pretense of LAY OFF. In my ADA file there was a document from my boss stating the office ran smoothly without me being there. In Writing. The only people laid off under my exe dir were those who had used FML, they said it was seperation of duty. Question: is this or is this not a legit complaint. 2. can the judge order mediation even though i asked for a trial. Is it a good thing to ask for a trial.


 


 


Let me clarify something i said:  upon my return from FMLA the second time and within short period of time, my job vanished.  The other person was in that position the next day.  Leaving me unable to return according the recall instructions.  They would not rehire me because of retaliation of filing EEOC complaint.

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Answered in 30 minutes by:
8/21/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified

Hi,

Thanks for your questions.

In regard to your discovery issues. If you don't have a document because it no longer exists, you need to clearly state that in your discovery responses. The Defendant cannot order your to produce a document which no longer exists.

Second, a court cannot order a party to negotiate a settlement. That decision is in the hands of the parties. A court can encourage it, but cannot force it to happen. Generally, a court will not make statements regarding the merits of your case as it is the judge's job to stay neutral.

In regard to whether you have a good claim or not, it sounds like you have something, but it is really impossible for me to tell you how strong the claim is without looking at everything. Regardless, you have filed your lawsuit. This means that the EEOC has given you a right to sue and this also means that you should press your claim to trial. That the defense is arguing they are innocent is exactly what they are supposed to do, so don't be suprised.

You have to prove your case. If the defense does not want to settle you should press the case forward to trial. That being said, you really should consider getting an attorney to represent you. These claims are complicated and the defense will likely file motions against you that will be hard for you to respond to without legal training. It's always best to have a lawyer in these situations.

Please let me know if you would like to discuss this matter further.

-ZDN

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Customer reply replied 5 years ago


Thank you for responding. In previous roadblocks I have hired an attorney to help me to file or respond to a particular motion correctly or to assist me. Due to financial depletions, i was unable to get a permanent atty, If I need help again I plan to get the assistance that I need at that time at a cost. What is the diff if I have a strong claim. A claim is a claim isnt it. Either you have proof or u dont. Am I correct,. And wouldnt the courts would have dismissed a long time ago if my claim had little merit. Thank you

The court does not dismiss a claim on its own. It will only do so when there is a motion by the opposing party.

In regard to a claim being a claim, perhaps I misunderstood your question. Based on what you've said, you may have a claim under the FMLA for retaliation. You have not told me how you may be disabled so that the ADA applies, so I'm not sure if you have a claim under the ADA. If you are disabled, then refusal to make a reasonable accommodation is an actionable violation on which you may found a legal claim.

Your suit may still be dismissed through a variety of different motions. If you do not answer the motions correctly, or if you do not have legally qualified evidence, then you may not be succesful in getting your case to trial.

Am I misunderstanding your question?

Please follow up with me so we can talk more. I want to make sure you get the help you are looking for.

ZDN

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Customer reply replied 5 years ago


The def asked early on for dismis and was denied. So they can ask for it again. I make sure that I follow procedures and time guidelines, upon returning from FML, My doctor recommended accommodations based upon a known and recognizable disability: PTSS, Depression.and other disabling emotional disability, However, my work was excellent and I was able to work. So my boss said it would be unfair to accomodate me and not the other office staff, So everybody's schedule was changed to straight shift which was my doctors recommendation,.

They may try to dismiss your claim once more through a "Motion for Summary Judgment".

PTSS and depression can be actionable under the ADA. So you have a claim. The fact that they gave your job to someone else, and "laid" you off is a pretense for the discrimination.

I recommend you keep pressing your claim. You need to figure out what your damages are so that you can present those damages as required by the law. That means you will be asking for back pay and front pay for a reasonable period. You may want to consider hiring an "expert" on damages to make a report to calculate these damages for you. That is unless you are looking to be reinstated in your job.

-ZDN

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Customer reply replied 5 years ago

Thank you. I already included the damages sought in the complaint.


 


Next: she is asking that I give income tax statements. is this an indication that the def is considering settlement, Or else how is my income taxes relevant, other than to show the hardship i suffered as a result of discrimination

Income tax statements are usually how you measure your damages. In other words, you are claiming lost income and back pay. They have the right to check that your claim for damages is accurate by looking at your income tax records. In lawsuits like this, they are always relevant.
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Customer reply replied 5 years ago


By asking for these documents, does that mean that the def want to settle.

Not directly. However, it does mean they want to see what liability they are exposed to. This kind of information will be used by them to determine whether or not they should settle or how much to offer to settle.

-ZDN

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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TexLaw
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