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When responding, as Pro Se, to what I want for damages can

I ask for front and...
When responding, as Pro Se, to what I want for damages can I ask for front and back pay? My case is against the State of Virginia where the state enjoys immunity for monetary compensation and I must state my case for relief based on the Eleventh Amendent.
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Answered in 26 minutes by:
9/4/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,581
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You can ask for back pay and ask the court for either front pay OR reinstatement. You have to give the commonwealth the option to reinstate you if possible or explain why reinstatement would not be possible and would subject you to further harassment.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,581
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 4 years ago

Thank-you for replying so quickly. This is my last shot to keep my case from being dismissed. My reply is imperative as I did not clarify this in my "Answer" to the Fed. Court in July. No attorneys wanted to take my case because of the Eleventh Amendent. I do believe your advice will keep me from being dismissed. Thanks so much for your help. Thanks again.

Thank you very much.

I believe that your previous expert told you that you might have to dismiss and file in state court because of the 11th Amendment issues in Kimel v. Florida State Board of Regents, et al., 528 U.S. 62 (2000) and you can only obtain injunctive relief for reinstatement of your employment in your federal case (you cannot ask for any monetary damages). If you dismissed and filed in state court you could seek monetary damages. So you need to ask the court for an order reinstating you to your job and ordering your pay be reinstated, which means back pay, but you could not ask for any other money damages in federal court.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,581
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago


I have been a year and ten months getting to this point and am afraid if I go to state court that the "good old boy" syndrome would kick in and I would loose my case. I have a chance with the Federal Court as they believe in my case. There was a "Report & Recommendation" done on a hearing on 7/22/13 for dismissal on four points. I received the Report & Recommendation and it denied three of the four points, bascially saying the defendant is quilty of Age Discrimination and Hostile Work Enviornment but the 4th point is the Relief sought from the plaintiff. If I can "Answer" that correctly, my case will go to trial but, I prefer to mediate w/the state for monetary compensation and be done with it. Is this feasible and, should I respond with your first or second answer, if you were in my shoes?

Customer reply replied 4 years ago

I replied @11:37 pm 9/3/13 and did not receive an answer, can I send again?

I apologize for the delay in responding, but I am online at 6am or 7am and work until about 11pm most days, so I missed your reply after a long day. Please accept my apology for the wait. Also, there may be some delays over the next couple of days because I am traveling for a client and right now am answering you from 20 thousand feet in the air.

It depends on the relief you are seeking and what you want out of the case. If it is move you want then you have to go to commonwealth court. If you want reinstatement and back pay then stay in federal court. I would say though that if the have been a year and a half to this point stay in federal court because if you tr to move it now the will argue over the statute of limitations.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,581
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

Thanks for your help, I will take my chances w/the Feds.

Customer reply replied 4 years ago

I am sorry to keep bothering you but I want to clarify your last answer. I want to request reinstatement to a specific position other than the one I had and front and back pay as I feel I would be black balled if I returned to any position. Of course I would give ample reasons for not wanting to return. Can I legally request "front & back" pay or would the Fed. Court view that as monetary compensation? Also, I understand that Fed. EEOC has granted up to 300,000.00 for pain and suffering on some cases. Can the Fed. Court do the same? I went through all state remedies to get my job back and that did not happen so that is why I ended up in the Fed. Cts., through EEOC. I filed with them for Age Discrimination and Hostile Work Enviornment.

Again sorry for the delay as I was not around any Internet while I was off with my client.

If you are seeking front pay you will not likely get that from the federal court, that is what the court case said we have already given you, that is money damages, unlike back pay which is payment for the time you were wrongfully terminated. It is only if they cannot put you in a comparable position would they award any type of front pay but the court will avoid doing that at all cost and that is their last recourse
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Law Educator, Esq.
Law Educator, Esq.
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