QUESTION
Can I still file motions to strike the complaint, and ask the court to extend the time in order for me to file for punitive damages?
Asked on Jan 27th, 2015 on Labor and Employment - California
More details to this question:
Civil Court Attorney calls me on 08/09/2013 and tells me that he filed the complaints with FEHA and the ball is rolling. My complaints are against employer, and union. Attorneys never return my calls, and emails telling the harassment has not stopped at work, 04/2014. I was fired on 09/28/2014. I finally make contact, ask to give me an update on the complaint against the union attorney and tells me he never agreed to file against union in the designation of attorney agreement states union. On 10/2014, I fired the attorney, mid-October 2014, I receive a FEDEX with all my files and docs. I go to court on 11/2014. The judge tells me if I don't have an attorney by next court date, 02/2015, I will be trying my own case. I work day and night email and calling attorneys but no one wants my case. Finally, I figure I better start preparing to represent myself and start looking over the files, and read the pleadings. The attorney lied through the entire pleadings. The complaint was filed on 06/2014 then amended on 02/2014 and made an agreement that only the head manager would be sued in the complaint and I was never informed or sent copies of the complaints. All I could think about was what the attorney last said to me before leaving his office. "I am a pro union attorney and would never have filed suit against a union" I believe whole hardheartedly they purposely dragged on my case to run the statute out to keep the County and Union from liability. Can I take this on appeal to the Supreme Court?
1 ANSWER
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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At this point, no, you cannot appeal to the Supreme Court. You can only appeal after trial court is finished (and even then, you probably would go to an intermediate court, not the Supreme Court). Your first step is to do your best to win at trial. The best way to do that is to hire a lawyer who specializes in employment law. By the way, it's very likely that your lawyer made the right decision by not suing the union. In most cases, courts will not hold the union liable for harassment that happened at work. The harassment is usually the fault of the harasser and the company, not the union. Therefore, it is not surprising that the complaint is only against the company and the head manager. However, you may still be able to add claims to your complaint because less than a year has gone by since the harassment and termination. Keep looking for an employment lawyer in your state who can help you.
Answered on Jan 28th, 2015 at 7:28 PM