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[Emerger]

What is the name of your state? Florida

I have posted several different questions in several different forums, and I seem to have confused some people with the extent of my legal problems. In order to be brief, I have listed the following questions, in no particular order, concerning these problems. Feel free to answer all of them, one of them, or you may mix and match at your convenience:

If I live in Florida, agree to work on a US Government project in Korea for a Virginia company, and something goes wrong, what law aplies? Florida, Virginia, Korea, or US Federal?

If my employer lies to a Government official about defects in the system design for the project, is this fraud? If the project is valued greater than one million dollars, is it Major Fraud (18 USC 1031)?

If my employer recklessly subjects myself and several Korean citizens to serious risk of electrocution, does this violate US OSHA, or Korea OSHA standards?

If I resign to escape my employer’s wrongdoing, is this wrongful termination? Under which law?

If my employer promises to stop the wrongdoing if I remain, and I agree to remain, and they fire me the next day, is this wrongful termination? Under which law?

If, after I leave, my employer sits on a corporate american express card bill until a delinquency is placed on my credit report, do I have any recourse?

If, after learning of this, I threaten to sue my former employer, and they place whiteout on the dates of documents to conceal what they did, is this wrong?

If I complain to the US Government about all of this, should they do anything about it?

If the US Government does nothing about it, and I threaten to report it to the Korean Government, is this extortion?

If I cannot, no matter how hard I try, find a lawyer who can answer these questions, should I file a pro se complaint? In which court?

If I file a complaint in Federal court, alleging wrongful termination under Federal law, IIED, defamation, and alternate claims for relief under Virginia and Florida law, as well as Korean law, what are the chances of success?

If, after filing, my former employer dissolves, should I amend the complaint to add individuals, such as my Project Manager, Senior Project Manager, Director of Engineering, Vice President, and President of the company?

If I receive a default judgment against the former corporation, can I levy against intellectual property belonging to the corporation?

If I add these individuals as defendants, what are the chances for success?

If, after I amend, the president of the company files chapter 7, and registers a new corporation in the name of another person, and transfers assets to the same person, should I file an adversarial proceeding?

If, after his BK filing, I am, once again, denied credit based on the derogatory credit report, is this a separate cause of action?

If someone is killed or seriously injured because of what my former employer did in Korea, can I be held responsible, if I have already reported it to the US Government?

I appreciate your time.

 

[meganproser]

I feel your pain but if you really want to do something about all of this you have a lot of work ahead of you.

I think you said you've been to the law library? Well, you need to go back over and over till you've looked up all of these issues.

The only real help I can offer you is to suggest that you find a para legal and ask him/her to give you a hand. They can point you in the right direction on any of these issues and for a reasonable fee they can also do the research for you.

This is the easy question you asked: If my employer recklessly subjects myself and several Korean citizens to serious risk of electrocution, does this violate US OSHA, or Korea OSHA standards?

Call U.S. OSHA and see what they say.

Also, there is no way that the remedy for your credit problem will be found in a defamation claim. Your credit rating was harmed, not your reputation. The legal definition of "reputation" can be found here: http://www.lectlaw.com/def2/q148.htm

Good luck!

 

[Florid-aise]

Start here and good luck.

http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=11th/994371opn.html

 

[Emerger]

Thanks for that case! I've been looking for some precedent comparing the Florida Whistleblower Act to Title VII, but haven't been able to find one.

I know I have a long road ahead of me, but I've always wanted to start my own business. I can't get a small business loan because of my credit report. This hurts a lot, but leaves me with a LOT of time on my hands.

Thanks again.

Could someone answer the separate question "Why won't anyone answer my questions?" I spoke to literally dozens of lawyers, and the only response I got was a blank stare. But then I did pay a two thousand dollar retainer once to a lawyer, and got a very expensive blank stare. I talked also to a legal idiot once who told me I have a case, but she didn't know if it could be handled in state court, and she wasn't admitted to federal court. Perhaps the best one so far was a two hour telephone discussion I once had with an attorney. I thought I was finally getting somewhere. He even asked me to email a draft of my proposed pro se complaint. After I did, he wouldn't return my phone calls. His law firm later showed up on the other side. What a country!

 

[You Are Guilty]

Could someone answer the separate question "Why won't anyone answer my questions?"

You really don't want to know the answer to that. Trust me.

 

[JETX]

If I live in Florida, agree to work on a US Government project in Korea for a Virginia company, and something goes wrong, what law aplies? Florida, Virginia, Korea, or US Federal?

That depends on the 'something' and whether a venue clause is included in your contract, stipulating what laws will apply.

If my employer lies to a Government official about defects in the system design for the project, is this fraud? If the project is valued greater than one million dollars, is it Major Fraud (18 USC 1031)?

It could be... depends on the specific facts.

If my employer recklessly subjects myself and several Korean citizens to serious risk of electrocution, does this violate US OSHA, or Korea OSHA standards?

Depends on the contract terms. Oh, and there is no such thing as Korean 'OSHA'.

If I resign to escape my employer’s wrongdoing, is this wrongful termination? Under which law?

No. None.

If my employer promises to stop the wrongdoing if I remain, and I agree to remain, and they fire me the next day, is this wrongful termination? Under which law?

No. None.

If, after I leave, my employer sits on a corporate american express card bill until a delinquency is placed on my credit report, do I have any recourse?

Depends on the specific facts.... and whether you can PROVE damages.

If, after learning of this, I threaten to sue my former employer, and they place whiteout on the dates of documents to conceal what they did, is this wrong?

Yes.

If I complain to the US Government about all of this, should they do anything about it?

About the whiteout?? No.

If the US Government does nothing about it, and I threaten to report it to the Korean Government, is this extortion?

Depends on the specific facts.

If I cannot, no matter how hard I try, find a lawyer who can answer these questions, should I file a pro se complaint? In which court?

No.

If I file a complaint in Federal court, alleging wrongful termination under Federal law, IIED, defamation, and alternate claims for relief under Virginia and Florida law, as well as Korean law, what are the chances of success?

Depends on your evidence... and the skill of your attorney.

If, after filing, my former employer dissolves, should I amend the complaint to add individuals, such as my Project Manager, Senior Project Manager, Director of Engineering, Vice President, and President of the company?

Not if they were acting within the scope of their employment.

If I receive a default judgment against the former corporation, can I levy against intellectual property belonging to the corporation?

No. Intellectual property is not tangible.

If I add these individuals as defendants, what are the chances for success?

Depends on your evidence.... and claim.

If, after I amend, the president of the company files chapter 7, and registers a new corporation in the name of another person, and transfers assets to the same person, should I file an adversarial proceeding?

No. The personal actions of the president of the corporation have no value to your suit against the corporation.

If, after his BK filing, I am, once again, denied credit based on the derogatory credit report, is this a separate cause of action?

Depends on the specifics of your first pleadings.

If someone is killed or seriously injured because of what my former employer did in Korea, can I be held responsible, if I have already reported it to the US Government?

Yes. You can always be held responsible. It would up to a court to determine if you are actually responsible.

And now your problems....
the fact that you have already considered all of these in your deliberations, removes them from being actionable. Simply, if you consider these now and decide to accept the risk, you can't plead 'innocense' later.
Finally, if these are in fact real concerns (and not just some 'homework' assignment) and if you have them already.... simply don't take the job.

 

[Emerger]

YOU ARE GUILTY:

"You really don't want to know the answer to that. Trust me."

Yes, I really do. Even if it means having someone tell me I am nuts. I am an adult, and can more than handle criticism, even if it is hurtful. I’m really looking for an honest opinion.

JETX:

I’ve already beaten their venue and choice of law clauses (by the way, this is not a "homework assignment". All this really happened).

Yes, there is a Korean OSHA. It’s called the Korea Occupational Safety and Health Agency (yes, Agency, not Administration). They have a website that contains their OSHA regulations, referred to as "presidential decrees", equivalent to US "executive orders". Korea OSHA acts as a department of their executive branch, just like US OSHA. KOSHA is patterned afer US OSHA. I am a former safety manager for a large corporation. I am familiar with the requirements, and how to find them.

I can prove damages caused by the delinquency on the AMEX account.

I don’t understand your comment about "pleading innosense (sic)".

As always, I appreciate everyone's comments.

 

[Emerger]

MEGANPROSER:

I thank you for your moral support.

I contacted US OSHA. The complaint I filed was serious enough that, rather than respond in writing, they actually called me at home (it is that bad). They later followed up with an advisory letter. I had a conference call with several OSHA representatives. They stated:

A. My employer's actions are wrong, and are actionable.
B. US OSHA lacks jurisdiction because they cannot conduct an investigation outside of the US and its territories.

So far I cannot accept some of the advice I have received from this message board. Not because I disagree with it, but because some of the advice I've received conflicts with what I already know to be different. But it has been somewhat helpful, and I appreciate everyone's input.

 

[meganproser]

I thank you for your moral support.

I contacted US OSHA. .
B. US OSHA lacks jurisdiction because they cannot conduct an investigation outside of the US and its territories.

Are you saying you contacted them previously? If you knew it was out of their jurisdiction why did you ask which OSHA you go through??? I'm confused.

Not because I disagree with it, but because some of the advice I've received conflicts with what I already know to be different.

Can you please share that info here so that others will benefit?

Hey, isn't this a VERY serious violation?
"He even asked me to email a draft of my proposed pro se complaint. After I did, he wouldn't return my phone calls. His law firm later showed up on the other side. "

Did you contact the Bar?

Looks like Jet gave you a LOT of great advice to get you started!

 

[Emerger]

Are you saying you contacted them previously? If you knew it was out of their jurisdiction why did you ask which OSHA you go through??? I'm confused.

Adding to the complexity of this…All this happened on a US Army base in Korea. According to the US Army Safety Manual, US OSHA regulations apply, unless the host country’s OSHA equivalent is more stringent. In some cases, the Korea OSHA regulations are more stringent. However, based on the US/Republic of Korea Status of Forces Agreement (SOFA, covers US military and contractors in Korea), Korean courts lack jurisdiction over US military personnel. I am assuming that this includes administrative remedies under the jurisdiction of Korea administrative agencies.

My employer was contractually obligated to comply with US OSHA requirements on the contract, so they are bound by all US OSHA regulations. However, US OSHA lacks jurisdiction over my complaint. HA! OSHA regulations apply, but I have no recourse through OSHA.

Not because I disagree with it, but because some of the advice I've received conflicts with what I already know to be different.

When I read a post stating that there is no such thing as Korean OSHA, hey, I already know better. One claim for relief in my complaint is for violation of Article 26 section 3 of the Korea OSH Act. I didn’t make that up - I got from Korea OSHA. Yes, there is such a thing as Korea OSHA.

I have already been advised that, based on the facts of my complaint, forcing an employee to choose between unsafe working conditions or resigning, is constructive discharge, therefore wrongful discharge.

So, I have to disagree that there is no cause of action.

I further believe that requiring an employee to choose between committing a crime or resigning is the same thing. Again, this is somewhat complicated. However, my resignation was over my employer both subjecting myself and others to unsafe (real, live, unsafe) working conditions, and their repeated lies to government officials to cover up fatal flaws in their system design. My employer promised to clean up their act if I remain. I agree to remain. They fire me the next day. This sounds fishy, to me, anyway.

As far as complaining to the bar about this lawyer, no, I didn’t waste my time. I am not concerned with, yet another, stupid lawyer (no offense to any lawyers here, its just that I’ve run across good ones, bad ones, and everything in between, this happened to be a bad one).

Thanks for your help.

 

[You Are Guilty]

YOU ARE GUILTY:

"You really don't want to know the answer to that. Trust me."

Yes, I really do. Even if it means having someone tell me I am nuts. I am an adult, and can more than handle criticism, even if it is hurtful. I’m really looking for an honest opinion.

This isn't meant to be hurtful, merely an observation based on years of dealing with pro se cases. 99 times out of 100, there is a good reason why a lawyer won't take a case. In this day and age where you will find some schlub willing to sue McDonalds for making people fat, it is far from difficult to find an attorney willing to take on a case with just the slightest glimmer of merit. That multiple lawyers reviewed the matter and passed on it is a giant warning bell. (This doesn't necessarily mean that the facts do not describe an actionable situation - a good number of these types of cases fail due to a lack of admissible proof of the allegations).

I have no way of knowing if either of these applies to your case, but given the fact that no lawyer wants it, plus the (admittedly limited) appearance from your posts that you are too emotionally close to this case, would likely lump you with the rest of what I usually refer to as the "crazy pro se plaintiffs" I have to deal with. There is already evidence in your later posts that your "beliefs," no matter whether they have any basis in the law, will always outweigh any advice or other instructions offered, which is the biggest problem with pro se'ers -- the actual law is irrelevant to them and they act accordingly.

(I tried to be nice).

 

[Emerger]

There is no need to apologize for thinking I'm crazy, based on what I have posted here. Believe me, I don't take offense. I think some of it is simply that I have to, or at least try to, be brief here, and I may sound like I'm ranting when I'm not.

I also know what you mean by crazy pro se plaintiffs. I read a pro se complaint filed in the same court that, if I read it right, claimed the plaintiff owned the state of new jersey, and that the defendants stole it from her. As evidence of this, the plaintiff submitted a copy of a check, written by her, returned from her bank because her account had been closed. To me, that is a crazy pro se complaint. I'm trying to find a way to convince the judge that I do not fall into that category, but those who have gone before me have abused the privledge.

I have substantial evidence that my employer frauded the government. I have a copy of the RFP and I have the engineering documents they submitted. I also have, quite literally, a textbook example of why you shouldn't do what they did. Plain and simple. I have evidence that my employer ruined my credit rating. Plain and simple. Most of my problems now lie in not knowing what motions to file, what the apropriate motion is called, etc.

If, as I am hoping, the court grants me leave to amend to add the individuals responsible, for their individual intentional/negligent acts, I believe I can force them to settle, or at least get my credit report straightened out so I can get on with my life. I don't think that's too much to ask, and I'm looking for a little help.

Thank you for your input, and, by all means, insult away. I don't think there's anything you can say that the other side's lawyers are not going to say anyway. As far as I'm concerned, every little bit helps.

 

[Emerger]

Florid-aise

I read over the case you referred me to. While the Title VII analogy was helpful, not much else was. In fact, I could not agree more with the outcome. In that case, you have an employee who is not performing in her job. She discovers wrongdoing on the part of her supervisor, and he is terminated for it. Seven months later, she is still not performing in her job, and is fired.

It, quite frankly, is no reason to sue.

I've read a lot of posts concerning this guy with the ADA (supposed) complaint against the produce section of Wal-Mart. There seems to be a lot of bantering back and forth over the facts, but there exists a more simple reason NOT to file a complaint.

If, on December 1, you are handed a notarized, signed, sworn statement by your employer stating that you are being fired because you (are a minority, are in a wheelchair, refused to tolerate groping in the backroom, or any other unlawful reason for being fired), and on December 2, your employer finds that you lied on your original employment application, if you sue, you are entitled to ONE DAY'S PAY. It's called "after aquired evidence". If your employer finds a non-discriminatory reason to fire you after the fact, you get paid for your time between termination and discovery of the after-aquired evidence.

His case was a non-starter. They after-aquired-evidenced him before the fact. His lesson, in life and in law (for no better definition) is, do not lie on employment applications. Go home, get over it. There's nothing you can do.

It ain't right. It ain't wrong. It's the way it is.

 

[Katy W.]

The after acquired evidence, I thought they had told him about that before he was fired? I could have read it wrong, God knows.

On the constructive discharge: that usually is a state law. Have you checked the statutes of the state in question so you know exactly what it says? Case law amost everywhere in the US shows that you won't prove constructive discharge unless you show that any other employee would have quit. Constructive discharge is a tough gig.

From the get-go you can name the defendants individually and the company on your complaint.. Like: Kathy VVVV, individually and in her capacity of CEO of Bizarro industries.

 

[Emerger]

Katy W.

I understand constructive discharge, but mine is a difficult situation. You may have walked in at a difficult time. I'm just looking for some advice with a problem I have that won't go away on its own. So far, I haven't had much luck. JETX did at least read one of my posts, but any questions are so far unanswered.

Maybe if I keep rambling on, something will turn up. Thanks