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What is Mississippi rule of civil procedure 12()(6) I did…

Customer Question
What is Mississippi...

What is Mississippi rule of civil procedure 12(b)(6)

Lawyer's Assistant: Have you talked to a MS lawyer about this?

No, I did talk to one about my case but I just got this response from their lawyer

Lawyer's Assistant: What steps have you taken so far?

I file a complaint against a city for wrongful termination

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was the Chief of Police until the new Alderman who was elected in July sought to sabotages my department because she wanted to control the police but I stopped by telling reminding her of her power as an Aldermen so she lied on me to get the others to go along with her

Submitted: 3 months ago.Category: Legal
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Answered in 29 minutes by:
11/16/2017
Lawyer: RobertJDFL, Attorney replied 3 months ago
RobertJDFL
RobertJDFL, Attorney
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Lawyer: RobertJDFL, Attorney replied 3 months ago

Good evening,

A Rule 12(b)(6) motion pertains to pretrial motions, and 12(b)(6) specifically deals with a motion by the opposing party to dismiss your case for failure to state a claim upon which relief can be granted.

“Failure to state a claim upon which relief can be granted” can mean a number of things, all of which have to do with what is stated in a complaint.

First, and most typically, this means that the complaint failed to properly allege one or more of the required elements of an action. Additionally, it is not enough that the elements of an action are simply stated in a complaint. Indeed, a factual basis for the claim must be established by the complaint.

For example, many people claim that they were wrongfully terminated due to discrimination. That may not be your situation, but allow me to give the example. In general, plaintiff employees meet the elements of a wrongful termination in violation of a statute claim if they can establish the following: (1) they are members of a protected class (or engaged in statutorily protected activity); (2) they are doing satisfactory work; (3) they were discharged; and (4) similarly situated individuals outside the plaintiffs’ protected class were treated more favorably, or other circumstances surrounding the adverse employment action give rise to an inference of discrimination.

But it's not merely enough that you say for example that other individuals outside your protected class were treated more fairly; instead, you would have to show it in the complaint -e.g. "I was the only African American employee, while all of my deputies were Caucasian. Although I had a higher title as Chief of Police, my deputies were given more vacation time, higher salaries and better benefits, even those who had less experience on the job than I did."

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Lawyer: RobertJDFL, Attorney replied 3 months ago

What this boils down to is that they are alleging that your lawsuit is insufficiently drafted and asking that the court dismiss your case. Teaching you how to properly draft a lawsuit is not something that can be done, especially not in a format like this, when lawyers go to school and have a lot of on the job training with this sort of thing. Ideally, you need the assistance of a lawyer in a wrongful termination suit.

What I can tell you is that worst case scenario, if the case is dismissed, the court will likely do so "without prejudice" allowing you to refile the lawsuit again at a later date.

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Lawyer: RobertJDFL, Attorney replied 3 months ago

Was there anything I could clarify for you, or additional information you needed about this matter? If so, please REPLY WITHOUT RATING FIRST, and I'll be happy to help further. Otherwise, if I have fully answered your question, please leave a positive rating by clicking on the stars at the top of the page. This is the only way experts like myself are compensated by the site for our time and assistance. Thank you.

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Customer reply replied 3 months ago
ok so I'm trying to see if I got this right I was also told that I would have to file for unemployment benefits to have this complaint in compliance with the law, but what if I want to try this case on merits and principle I am a military veterans, and a three times cancel survival I have a termination on mu record and I was doing my job
Lawyer: RobertJDFL, Attorney replied 3 months ago
You still need a legal grounds upon which to bring suit. Unless you had an employment contract or union agreement that the employer violated, you are an “at will” employee, as you may know, and can be terminated at any time with or without cause - even if doing your job well. Now, you can’t be terminated for an unlawful reason such as because of a disability or your race or religion. You also cannot be terminated for exercising your right to vote or serve on a jury for example.You haven’t cited any reasons in the facts you’ve given me that would be appropriate legal grounds for a civil suit. Not to say what happened to you is fair, because I don’t feel it is, but that still doesn’t mean you necessarily have legal grounds upon which to file a lawsuit.
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Customer reply replied 3 months ago
ok thanks
Lawyer: RobertJDFL, Attorney replied 3 months ago
I realize this cannot be what you want to hear, and I regret having to give bad news. But I would rather you have the facts, and it would be unfair to you to be less than truthful.
Please remember to leave a positive rating by clicking on the stars at the top of the page so I am credited for my time and assistance. Thank you.
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Lawyer: RobertJDFL, Attorney replied 3 months ago

Was there anything I could clarify for you, or additional information you needed about this matter? If so, please REPLY WITHOUT RATING FIRST, and I'll be happy to help further. Otherwise, if I have fully answered your question, please leave a positive rating by clicking on the stars at the top of the page. This is the only way experts like myself are compensated by the site for our time and assistance. Thank you.

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