Wrongful termination, retaliation, fmla violation, workplace harassmment and workplace discrimination what court should I use

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i am attempting pro se, and I heard a judge can throw it out if it is in the wrong court? [email protected] , thanks

Attorney Answers

3
Elizabeth Foster ·
you have the right to go to state court under the ohio civil rights act. You can bring your fmla claim in state court too in the same complaint, but the defendant might try to take the case out of state court and put it in federal court. This is called removal. If your main claim is for FMLA then the defendant will probably be successful in its attempt at removal. You probably would be better off in state court because it is widely believed among plaintiffs' lawyers that the federal courts are hostile to employment discrimination claims. I urge you to try very hard to find a lawyer to help you. Employers hire sophisticated, experienced, expensive, and highly skilled lawyers to defend them. You need your own hired gun. The law is really not a good place for do-it-yourself. I wish you all the best.
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Marilynnmika Spencer ·
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights. Ms. Foster gives you good advice: get an attorney. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing. If you are having trouble finding an attorney for your case, there are several possibilities: -- you are not looking in the right place for the right kind of attorney; -- your case does not have as much value as you think; or -- you are not presenting your case in a way that makes sense to the attorneys. Employment attorneys want certain information right up front: the name of the defendant, the name of the employee; if the employee was fired (or denied reasonable accommodation, or laid off, or whatever the issue is, in five words or less); the date this happened; the reason the employer gave for whatever happened; how long the employee worked for the defendant; what job the employee did; how much the employee made; and any deadline. I hope you can resolve your situation and wish you the best.
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Michael Moore ·
I'd like to add that if the adverse actions have occurred within 180 days, you can contact the Cleveland Field Office of the EEoc -- go to www.eeoc.gov -- to file a charge of discrimination, It costs you nothing, and if the facts are strong, the agency may well find probable cause and pursue the matter on your behalf. Be diligent. Good luck.
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