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Representing yourself in Federal Court with your Right to Sue Letter
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- เผยแพร่เมื่อ 17 ส.ค. 2024
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In smaller cities there are not a lot of attorneys that will take any kind of discrimination cases. I filed pro se in Federal Court. It is a ton of reading to understand FRCP.
That is why the various national firms exist.
How did it work for you?
the simple fact is that bar association attorneys are officers of the state and thus are bound to the court, not their client. If you can read, you can defend yourself, especially in litigation if you know your rights when you start the process. representing yourself is a fundamental right protected by the constitution
TEACH
You always got best advice I wish I could have you for things that I’m going through with everything 👍
I was crushed again and again; but didn't know why being that I had direct evidence, a paper trail, witnesses, and a good memory etc. I asked Atty Little why EEOC refused to take my case? He lied that EEOC found no discrimination had occurred by PRL and Management. Both He and Danail concealed that he was the one who demanded the Right to Sue upon request.
Thanks for making the video Vince!
Just to clear things up, as far as while the EEOC was doing the investigation, I had your firm representing me but because I’m in NC and since the EEOC didn’t side with me, I no longer have your firm representing me. Which I’m am sad about because you guys are the best, and the lawyers in NC aren’t the greatest when it comes to knowing laws/rights for LGBTQ+. (I would know because I went through them all before I went with your firm).
Thinking about how it would be an additional 3-5 years of my life, which would be a total of almost ten years. I think I may be too exhausted to continue with the claim. Trying to tell myself that they will have to live with the wrongdoings that they’ve done to me.
As far as pro se, I was just wondering what your thoughts were on chances of success mainly because I know there are inmates that represent themselves and win, but I also know that’s for tort claims. And that tort claims and Employment Law aren’t the same.
I started thinking about how ugly litigation could get, and I really don’t know if I would be able to mentally handle being attacked about how I caused the sexual harassment and gender discrimination upon myself from the defense.
@@nolongerinuse488 Litigation can be so hard on people, but I believe in you so much. :(
@@JobAttorney thank you so much. It really means a lot coming from you. I really look up to you.
You really make me want to get into employment law, so I can help defend people as best as I can so they don’t have to go through what I went through.
@@nolongerinuse488 I would be so happy if you got into this field. It is so weird and wrong that this field is generally a bunch of hetero white guys with almost no protected classes, there should be representation in our field. We fight for diversity, why can't we also achieve it?!
@@JobAttorney ❤️❤️❤️
I tried to find an attorney but none willing to take the case before the statute of limitations ran out, i filed pro se. The case is a wrongful termination and disabilty discrimination. I filed the complaint and the defendant filed the response. Tried to dismiss based on the statute of limitations of 3 years due to my case being tort in nature. The judge did not dismiss the case. There is very strong evidence to support my case. I was injured at work in October 2019. My employer refused to acknowledge my injury. I was put on slight restrictions which my employer agreed to. I filed an injury report with Workers Compensation then all of that changed. My employer made me sign a letter stating i could no longer work if I was being treated for my injury or attending physical therapy. Also they claimed they could not accommodate my restrictions. Which were miniscle and didn’t put hardship on my employer. The same day they had me sign the letter putting me on unpaid medical leave, they terminated my employment. Violating the FMLA and disability discrimination. My question is this is a federal case based on federal statutes when can i start discovery with interrogatories? As i stated the complaint is filed and the defendant filed a reply. Thank you
You’re absolutely right but what about a civil rights matter and what if you’re a whistleblower and civil rights matter
Depends on the nature of the whistle blowing and the nature of the civil rights matter. My personal expertise lies primarily with litigating workplace discrimination and workplace sexual harassment though.
Liked and Subscribed! So if 5 officers assaulted me a week before Acl reconstruction and there’s medical proof of not only a cover up but left without surgical intervention for 7 months permanent meniscus damage.Can I bring this to federal court under 18 USC 1361 if I was in the army reserve.
I only know about employment law. I would immediately schedule a consultation with an attorney well versed in police brutality claims.
You didnt. How is my information used against me. The whole right to sue deal is because the employer refused to mediate and I dont think the EEOC could force them. The legal Jargon used here is really that I have a case buts its too tough for the EEOC!! Its a shame a regular person cant find representation in this country. Its all about the $$$. Please explain because I assure you I proved the EEOC I have a case. My case also has to do with the Department of Education on the other side in which I have an attorney. The systen is outdated and corrupt!! It took me a year and ahalf to get all the preliminary data and I have suceeded.
Atty Vincent, l confirmed what you said th as that once have received Right to Sue letter. no other Attorney would want to accept my case. Besides what uou have mentioned, another reason was "You must not have a case, if your Attorney is nolonger representing you!"
I represented myself in the EEOC and got a waiver thrown out because it didn't comply with the owbpa and got 50k for proven discrimination the Los Angeles EEOC judge's overturned a decision from ofo voiding the waiver I signed allowing the USPS to continue to enforce the waiver after it was voided
Is it possible for a plaintiff to defray some of the costs of the attorney e.g. Expert Witness, Court costs but not the time of the attorney ? Are HIPAA complaints better off in State Court or Federal Court. In our case the medical facility said fraudulently that the records were transcribed by an outside service but they did not ask the outside company till a month later. All the ER records were removed and tampered in several other ways.
In a case where there are cases such as similar to your case. What would you recommend after receiving right to sue from AGO?
Hi Vince - what do you mean (at 1:50) that a person has been messing around with the agencies too much? In that an attorney will stray away from the case? What are things that the claimant could have done wrong at this point?
Am I correct in taking from this video that a Pro Se case will cost upwards of 25k out of pocket? Does this mean that if I don't have the 25k to move my right to sue forward that the "right to sue" is in effect worthless? Is the 25K made up of filing fees, paid witnesses etc? Or does this encompass attorney fees?
What I take from this is that the right to sue is basically a worthless sop from EEOC. That any "justice" litigagant is seeking must be purchased prepaid. That Pro Se in federal courts is a useless and expensive process that will result in thousands spent for litigation that has almost zero odds of being found in Pro Se favor?
In other words a fair hearing in court is available if you have the money to buy it.
My ? If I don't have 25k upfront as a Pro Se is it a waste of time to even pursue the case?
I had a lawyer. Now that the eeoc dismissed my case and gave me the right to sue he doesn’t want to help me.
On October 4 I was terminated because of “witchcraft”. My employer found out about my tarot channel.
My employer stated that a coworker said I threatened her. I gave them the facebook message between me and this conworker where she kept writing me and asking questions and wanting to go into business together. I did nothing wrong.
I get the position statement and every word was a lie. They said I did makeup during class. I did my makeup in a break. They said that I threatened this girls baby and begged for money and I did not.
They didn’t provide any evidence so my lawyer simply did a rebuttal there is no evidence which is true.
Then I get an eeoc dismissal saying infant loss and begging for money is why they were dismissing my case. I told my lawyer he said dang they didn’t side with you I’m out.
I panic and I file an appeal beacause I have no idea what they are talking about infant loss and begging for money.
Last month an eeoc appeal judge wrote me and sent me copies of screen shots from facebook with my name and an old profile picture threatening this girls child. I did not write that and I did not see them until the investigator sent them.
I sent them to my lawyer and he said it’s too hard to prove i didn’t write it so he isn’t helping me.
I wrote the au and they said they won’t help me.
I wrote the eeoc and gave them my facebook user name and password and told them I did not write those and they can have full access to my account to prove it.
I wrote fbi cyber crime unit.
I didn’t write these they are fabricated and no one will help me. I feel so helpless.
Your best bet may be to find a new attorney then if yours won't go forward for Federal litigation.
You should have seen it coming
@EnchantedMirrorTarot You would have been better contacting Facebook to write a complaint and also ask them to trace the account. Not give your personal account information/password to strangers.
After i get the right to sue letter....i just go to federal court clerk and say ....or i should do different...after i get the letter ...can i ask for a settldment or take my chances and use social media ....cuz its plublic info.....and i dont think they will like bad publicity....they will lose millions....thats for sure......so....go to clerck?
Hello how are you thanks for this video I was dealing with an attorney and I was going to find a retainer fee with her but she turned out to be an abusive attorney so I didn't fine a retainer agreement with her I have three more days before I have to file my lawsuit or my right-to-sue letter 90 days will be up and I won't be able to file while I was with her she sent over a demand letter to the company that I I'm filing a lawsuit against they had so many days to respond but they never responded while I was with her we gathered information that they were claiming through the mdrc also she drafted a who play for the United States District Court eastern district of Michigan I have my notice of deposition with the Department of Civil Right so I have all this stuff and we were just about to file the lawsuit but we decided to go our separate ways I wanted to know should I still file my lawsuit and would this be helpful for the next Attorney because I have all these things already completed
Parting ways with an attorney can be difficult and frustrating, but if the case was good before s/he got involved it is almost certainly still good so long as no statutes of limitation were blown. I'd say schedule a couple of free consultations with local employment attorneys, bring all the documents and sit down with attorneys. They can look at the evidence and what she did and tell you if things are still viable or not.
@@JobAttorney thank you so much
@@tytuswhite6596 Of course
Help I can not find anyone to take my case how can I do this alone I have an EEOC right to sue
The best thing I can tell you is to study Employment Law and then study court procedures, and then study the different types of courts. I'm sorry that we live in a capitalist society, people never want to help if there isn't money involved.
Question…are you saying something is difficult with how Pro Se peeps are treated or looked upon? Asking for a friend.
I have a question. So the defendant / agency in my case missed the 60 day deadline to file. I was filing a motion for default judgement when I got a letter in the mail from Attorney general from my state wanting to used their deadline date to represent the defendant and ask for an extension. Can they do that and what are my options? I understand we have holidays, but when I received my RTS letter, it didn’t matter if holidays were in those 90 days I had to file my complaint with the court within those days. Thanks for your help!
So how do I object the motion to continue?
Is a motion to a complaint considered a response? Here is a statement from the letter:”agency counsel informs that no active member of the agency participated in processing plaintiff administrative claim so current agency counsel must acquire and familiarize himself with the administrative file and proceedings in order to assist in providing an appropriate response and defense of this district court case. This request is not made for the purpose of delay, but to ensure a complete and accurate response to plaintiffs complaint. This is bs! Federal agency was served 7 September and was to respond by 7 November. Da was served 13 September and was to respond by 12 November. There was no response by the agency. The dropped the ball as usual but the da file motion on 10 for continuance on behalf of agency.
Most Courts are going to grant that extension in my experience.
@@JobAttorney makes sense
I always thought everything discussed in the Eeoc was not allowed to be used in court
Settlement discussions are generally viewed as confidential and so are, generally, not good evidence.
Unfortunately, I was fired for being visually impaired and not receiving my accommodations, therefore making errors! I filed with the EEOC and received right to sue letter but the company that was helping me file, resubmitted a rebuttal after receiving the EEOC determination. Never telling me that the 90 days wouldn’t start over, I lost my right to sue!!! Are there any other ways to sue the company? Can I appeal and take it to a court?
You should speak with local counsel, it's likely that your State or local laws may have a longer statute of limitation.
Heya! Have not been on here for a while due to waiting on a response. I am not happy with my decision and would like to take it to a higher court. Could you provide a video on the next steps or how to proceed? Thank you in advance for any and all advice
If you received a right to sue letter, you will have 90 days from the day you received that letter to get your matter filed in Federal Court.
Heya! I don't know if you have one on your channel already, maybe I overlooked it, but can you do a video on federal and state tort claims please. Just need a breakdown because alot of people such as myself are issued RTS letters especially if working for the federal government. Only for us to pursue it, and later have the case dismissed and told such. I don't believe so, as I worked on a military installation as a federal DoD employee. I don't understand how this would make it state tort if i received a right to sue, and have to sue the head of the agency I worked for. Thank you in advance for all you do!
Can the letter of write to sue be used in a out of state court when it involves a another person using my personal information to hold a job? The arrest of this person came after two years of a concluded infestation of that person still working at that company. Nobody will take my case and I'm now having to challenge the jurisdiction sense I see this already being a federal case.
A right to sue letter is tied to discrimination or sexual harassment claims generally, I don't think it would be particularly useful in an identity fraud situation.
How do you file the case in court do you just go down to the federal courthouse and say I want to file a lawsuit I have a right to sue letter and then you just start the process. And meantime try to find an attorney that can help you to continue the process. I hope that makes sense
Ideally the attorney would file it for you, many attorneys will hard pass on fixing a pro se filed case. If you do need to file on your own, see if your Federal Court has a local pro se support office. They can be a huge help.
You did not answer the question…. What is the process, if one have no choice but to self-represent?
You will never get a fair shake representing yourself they are attorneys you don't know the tricks they play and when you have a EEOC judge overturning decisions from ofo without jurisdiction to do so proves my point this happened to me I had to go to Congress and EEOC judge's in Los Angeles lied to Congress I can prove this no way you get a fair shake
What to expect after the right to sue letter when lawyer told someone that we got it what are the steps after that?
If you have a right to sue letter, your next step will often be to file your case with the Court.
@@JobAttorney awesome ty for your advice ❤️
How do I know if I have a good case? Went to ADR and didn’t reach agreement. Was given a right to file.
I would run the case by a local employment attorney, they should give you a free consultation. If you speak to 3 attorneys and at least 2 of them want to represent you then I would say you probably have a good case.
I filed my case in fed court two days before expiration I’m seeking a attorney but if I can’t find 1 will they kick my case
You can go forward representing yourself if you must, speak with the pro se support office if they have one.
HiI It's me again! Haha! Ok so update, Defendant has filed a motion for summary judgment. I know that I need to provide a response to oppose it. The problem that I have is that I need additional time to do so, as 21 days is not really a lot of time. How should I proceed? Thank you in advance for your response.
If you are facing a motion for summary judgment, you can simply make a motion requesting additional time from the Court. You will need to say why you need additional time, if you are changing counsel that might provide a good reason.
@@JobAttorney Great I am pro se. so does this work for that?
@@JobAttorney also, my motion for continuance would be in response and or opposition to theirs?
@@brandythompson5086 A pro se litigant can request more time to oppose a motion, yes.
@@JobAttorney how long should I request for? 60-90 days?
Hi! Can you explain the process on what to expect? I submitted my, but I just kinda wanna know what to expect. A small breakdown please.
Of course, if I am able I will make that video for you. What did you submit and what would you like to know the process of?
@@JobAttorney I submitted my complaint with summons attached. The clerks at the courthouse were very helpful. I guess I’m waiting on a response to my complaint from the agency/their attorney.
th-cam.com/video/6oZWiCq8trE/w-d-xo.html
I found this, so I’m guessing this is the process.
@@brandythompson5086 Oh great! So you filed with the Federal Courts? Not the EEOC?
@@JobAttorney I filed with the eeoc and exhaust all efforts with them. Got my RTS letter and filed in District Court.
how much is filing cost and can it be done electronically?
You need to check your local rules if you're in Federal Court, or the procedures for a State Court if you're in State. It varies. See if they have a pro se support office to help you if you are not represented.
An EEOC Right to Sue Letter also allows a Plaintiff to sue in State Court. Why do you always mention Federal Court instead of State Court?
You can do federal too
Talk about y'all not taking sect 1983 claims at all. And it's only difficult due to the hoarding & hiding of the proper tools & paperwork needed to file our claim. People can read!!
Not sure what you mean, we include 1983 claims when it's appropriate. Did you mean with employment attorneys in general? What kind of tools and paperwork do you think we're hoarding?
Do you help with an attorney search?
We have a play list on how to evaluate employment attorneys and a playlist on how to make your case look appealing to employment attorneys.
Also, I have an attorney working on a case but I am not satisfied with how they handled the previous case and the current one. How do I terminate our legal relationship?
I have a couple videos on the channel about ending work with an attorney you are unhappy with and reaching a deal as pertains to their lien on your case. If you want further information, provide me information you do not mind being public only and I will make a video tailored to your situation this week.
@@JobAttorney Ok. that is fine. What do you need from me exactly
@@brandythompson5086 Details, such as your arrangement with the attorney, does the attorney want off the case, what did the attorney do wrong, etc.
@@JobAttorney my attorney is pro bono. I am thankful for him taking on the case. Although it was pro bono, he still drug his feet. I provided him with evidence to defend my case. When the defendant would respond, I would have to provide him with the same evidence. I don’t think he reviewed it. At times I felt as do I was doing his job.
@@brandythompson5086 If your attorney does not have a contingency percentage on your case, all you have to do is have a conversation with her/him.
Heya it’s me again! How do I go back and amend my complaint? I didn’t see a form for it on the website at the courthouse. If it’s there I over looked it. Is it as simple as putting something in writing? How does this work?
Check the local rules, here you can amend as a right in the first 120 days after filing. That may not be the rule everywhere. After that you need to ask for leave to amend from the Judge.
Brandy can you help me?
@@fatimaguled969 not sure 🤔
Not really good advice or a good video. Man you dancing all around given answers which you guys do if you going to post something give sound advice geez.
Appreciate the comment, it helps us with algorythm. If you have specific questions, ask away. That's what the channel is for. Til then, I'll keep dancing Doc.
Facts
No you can't give legal advice because you are working for the bar which isn't for American people. you speak with a double 👅
Totally, I'm a devil. I made this video for no money to hurt you. My plan was diabolical! Look how badly I have harmed you! rofl
I got furthered beatdowns. Egreious Betayal Trauma, etc
I live in a right to work state