Robin Souers
Junior Member
What is the name of your state (only U.S. law)? Georgia. Forum is U.S. District Court, Southern District of Georgia.
This is timely filed disability discrimination claim arising in civil court after exhausting administrative processes (EEOC/MSPB). I am revising initial statement of claim(s) and have not yet served on defendent (U.S. Army). I have roughly until the end of this month (Jan) to serve complaint.
I requested attorney from the court, but request was denied. I have many questions and I really need help. I will post questions separately under same titled thread.
3. I wish to argue, as one of my joined claims, that, in effecting my removal, the agency relied upon an "invalid contract" in the form of a resolution agreement that was initiated and constructed by the EEOC admin judge at my EEOC hearing. The agreement was dictated into the hearing transcript. It was not reduced to writing; it was not signed by either party, I was not represented and I had no opportunity for a period of time in which to duly consider the terms which were frankly ambiguous. I claimed that the agency breached in a previous appeal to EEOC and they found no breach because the ambiguous terms did not explicitly address the contingency that resulted in the breach. I believe that the contract is invalid because 1) I was unduly influenced by the EEOC judge and 2) there was no agreement because there was no mutual understanding of the terms, explicit and implicit.
I also have some inclination to attempt to argue that the agreement infringed upon my due process rights because I agreed to forgo further processing of my (22) claims of discriminatory acts by my employer and these were subsequently dismissed by the eeoc admin judge. I wish to ask the court to set aside the agreement. How can I best argue with respect to the validity of the contract under the larger disability discrimination claim?
This is timely filed disability discrimination claim arising in civil court after exhausting administrative processes (EEOC/MSPB). I am revising initial statement of claim(s) and have not yet served on defendent (U.S. Army). I have roughly until the end of this month (Jan) to serve complaint.
I requested attorney from the court, but request was denied. I have many questions and I really need help. I will post questions separately under same titled thread.
3. I wish to argue, as one of my joined claims, that, in effecting my removal, the agency relied upon an "invalid contract" in the form of a resolution agreement that was initiated and constructed by the EEOC admin judge at my EEOC hearing. The agreement was dictated into the hearing transcript. It was not reduced to writing; it was not signed by either party, I was not represented and I had no opportunity for a period of time in which to duly consider the terms which were frankly ambiguous. I claimed that the agency breached in a previous appeal to EEOC and they found no breach because the ambiguous terms did not explicitly address the contingency that resulted in the breach. I believe that the contract is invalid because 1) I was unduly influenced by the EEOC judge and 2) there was no agreement because there was no mutual understanding of the terms, explicit and implicit.
I also have some inclination to attempt to argue that the agreement infringed upon my due process rights because I agreed to forgo further processing of my (22) claims of discriminatory acts by my employer and these were subsequently dismissed by the eeoc admin judge. I wish to ask the court to set aside the agreement. How can I best argue with respect to the validity of the contract under the larger disability discrimination claim?