What is the name of your state (only U.S. law)? NJ
I'm not sure exactly where to post this but I'm begging anyone for help with our situation since someone told my mother that our house can be taken away over this and I'm afraid my mother, who has dementia, and I will be thrown in the street. My little brother, who was a security guard and is cognitively impaired was simply trying to do his job at the casino when some guy came up to him and decided to sue him, out of nowhere. It all started when this guy asked him for help with a slot machine. My brother, as far as I know, told him he had to wait for a slot attendant as he has always done for years but I'm hearing he didn't follow procedures or something. He says they always get mad at him for doing it, whatever it was he had to do, I'm not sure. After hearing that he had to wait for a slot attendant the guy asked him "why, because I'm black?". Surprised upon hearing this, my brother raised his hands in the air, not sure how high, but he did it because he panicked and did not know what to do. He thought of how crazy of someone to ask that question and was backing away from him with his hands up, not meaning anything more. At the last second, somehow, the words "don't shoot" came out of his mouth. Not sure how loud he was or if anyone heard this but he says there were no witnesses around when all this happened accept for another security guard who only heard what went on later on while my brother was being followed by this guy. He simply panicked when he heard this and not knowing how to react to such an absurd question he walked away as this guy followed him making threats while in the casino.
My brother says he has a witness to what this guy said but says he won't help him. He's been watching the Ferguson riots on television a lot recently as well as all the shootings in the news. Who can blame him for saying that? I would react the same way. It looks like he was provoked and that my brother should be the one who was offended, not the other way around. He says somehow he connected what he had heard when he said if it was because he was black and the riots. He did not mean to say this and knows he overreacted but who wouldn't with all the gun violence and this Ferguson thing going on? This person looks like he just wants money. My brother has no clue of what to do and needs help. I believe he's also mentally handicapped. Perhaps slow is how I would describe him but slow enough at this point in his life to qualify for disability perhaps and he gets offended easily if I told him that but he needs to understand that he will be taken advantage of if he doesn't speak up about this in these types of situations. He's been getting stepped on all his life. I know him more than anyone else in the world, having slept in the same room together for the first twenty years of our lives and he wouldn't hurt a fly. He's not even remotely racist. He was born with an AV fistula in his brain that he had surgery for as well as suffering from a recent concussion about a week or so before this happened. He's had serious brain issues that went along with his surgery, as well as, sleepwalking, loss of hearing, visual impairment, etc.. He is very sorry for what he said, he didn't mean for it to be racial. If only this guy would accept an apology instead of destroying him as he is trying to do by attempting to take his minimum wage paychecks away from him. A 25% garnishment would not allow him to live on his own. He might as well be going to prison since he can't afford to live on what he was getting paid before with all his medical and living expenses.
The first thing that followed was that he got suspended for seven days. Then, thinking he was going back to his job he was called in several days later only to find out that, not only was he being fired, but he was being sued on top of it! And right before Christmas. I was told this man thinks he is suing the casino. However, I believe he was tricked or pressured into signing a waiver so that the casino is no longer liable for anything. They found something to fire him over. And now my brother is being sued but has nothing to sue for. I understand he can garnish his paychecks for the rest of his life and take our house away because my brother is listed as a beneficiary along with me and my sister on my mother's will; even though she is still alive I hear our house can still be taken away. I simply cannot believe how a simple word or two could cause so much devastation. My mom tried to talk to a lawyer on Friday but he wants a $1,000 retainer fee first before she even gets any kind of peace of mind from him. It seems everyone has turned their backs on us and no one will help. All we want to know is what are his odds of winning this case among other questions which he wouldn't answer unless we gave him $1,000. But we are poor and have no money.
All we want to know, for the most part, is if we really have a case since we just cannot believe that this even made it to a hearing to begin with which my brother has to go to on January 5. This man has harassment down on the docket and this appears to me to be falsified so he could get this taken more seriously perhaps. He was harassing my brother by following him around and making threats to him instead. We have a witness but my brother says he won't help him. What on Earth is this world coming to if someone can come out of nowhere, cause you to lose your job, and sue you for all you got even if you have nothing to sue for? And for something he was provoked into saying and by accident. He lost his job. What more does he freaking want?! And now he can't get his job back. He was told he could appeal this at the human resources department but they would not let him. They won't even let him collect unemployment insurance. This is wrong and the casino should be ashamed of themselves. They won't even vouch or stick up for him. They basically threw him out on his own while making him sign this waiver or whatever it was. I am under the impression that the casinos are exempt from the law in this area since he was being mistreated before by a casino and has left that for this one. I can't understand how he even wanted to work here in the first place and not a McDonald's somewhere. But since they found something to fire him over it seems that the casino would win anyway if we tried to sue them to get his job back. He cannot simply get another job in this area as it looks like he will have a criminal record over such a stupid little thing. He unintentionally offended an African-American man who provoked him to begin with.
Actually, it looks like to me that he offended my brother first. It's as if he pushed my brother first and my brother just pushed back, so to speak, but it was unintentional, like a knee-jerk reaction. He has never committed such a heinous crime in the past nor has he done anything wrong before in his life. He gets treated like this all the time since no one will stand up for him and having brain issues makes it even worse for him. I think this whole racial nonsense has gone too far and now I'm afraid to go near any African-American, or a person of any race thinking he or she might sue me too for something trivial. And if he does win I wonder if a white person can do the same thing and get a scare out of someone in order to provoke a response that might be deemed as offensive and sue them the same way. Very clever trick I would say. After all, I would freak out if someone walked up to me and said what he said. I know I must be dragging this out and I'm overreacting but he really needs my help and we are afraid we might lose our home. Anyone's help would be much appreciated! My questions are as follows:
1. Does he really have a case? Or will this most likely go to a trial? This was the question we wanted this lawyer to answer since, if this was going to be tossed out, why hire a lawyer to begin with since we can't afford one.
2. Can we really lose our house? Even though my mother hasn't passed away yet and my brother only has a 33% interest in it? And he hasn't lived here for years.
3. Can my brother fight the casino to get his old job back and what are his chances? Especially if this case gets tossed out at the hearing.
4. My brother is afraid to go to this hearing because of the threats this other person made, even though he was afraid to put this down on his report at work. He is scared that he might do something to him at this hearing. Does he really have to go to this thing?
5. What are my brother's chances of suing this man if this man loses since he made him lose his job and has cost him dearly over nothing?
I'm not sure exactly where to post this but I'm begging anyone for help with our situation since someone told my mother that our house can be taken away over this and I'm afraid my mother, who has dementia, and I will be thrown in the street. My little brother, who was a security guard and is cognitively impaired was simply trying to do his job at the casino when some guy came up to him and decided to sue him, out of nowhere. It all started when this guy asked him for help with a slot machine. My brother, as far as I know, told him he had to wait for a slot attendant as he has always done for years but I'm hearing he didn't follow procedures or something. He says they always get mad at him for doing it, whatever it was he had to do, I'm not sure. After hearing that he had to wait for a slot attendant the guy asked him "why, because I'm black?". Surprised upon hearing this, my brother raised his hands in the air, not sure how high, but he did it because he panicked and did not know what to do. He thought of how crazy of someone to ask that question and was backing away from him with his hands up, not meaning anything more. At the last second, somehow, the words "don't shoot" came out of his mouth. Not sure how loud he was or if anyone heard this but he says there were no witnesses around when all this happened accept for another security guard who only heard what went on later on while my brother was being followed by this guy. He simply panicked when he heard this and not knowing how to react to such an absurd question he walked away as this guy followed him making threats while in the casino.
My brother says he has a witness to what this guy said but says he won't help him. He's been watching the Ferguson riots on television a lot recently as well as all the shootings in the news. Who can blame him for saying that? I would react the same way. It looks like he was provoked and that my brother should be the one who was offended, not the other way around. He says somehow he connected what he had heard when he said if it was because he was black and the riots. He did not mean to say this and knows he overreacted but who wouldn't with all the gun violence and this Ferguson thing going on? This person looks like he just wants money. My brother has no clue of what to do and needs help. I believe he's also mentally handicapped. Perhaps slow is how I would describe him but slow enough at this point in his life to qualify for disability perhaps and he gets offended easily if I told him that but he needs to understand that he will be taken advantage of if he doesn't speak up about this in these types of situations. He's been getting stepped on all his life. I know him more than anyone else in the world, having slept in the same room together for the first twenty years of our lives and he wouldn't hurt a fly. He's not even remotely racist. He was born with an AV fistula in his brain that he had surgery for as well as suffering from a recent concussion about a week or so before this happened. He's had serious brain issues that went along with his surgery, as well as, sleepwalking, loss of hearing, visual impairment, etc.. He is very sorry for what he said, he didn't mean for it to be racial. If only this guy would accept an apology instead of destroying him as he is trying to do by attempting to take his minimum wage paychecks away from him. A 25% garnishment would not allow him to live on his own. He might as well be going to prison since he can't afford to live on what he was getting paid before with all his medical and living expenses.
The first thing that followed was that he got suspended for seven days. Then, thinking he was going back to his job he was called in several days later only to find out that, not only was he being fired, but he was being sued on top of it! And right before Christmas. I was told this man thinks he is suing the casino. However, I believe he was tricked or pressured into signing a waiver so that the casino is no longer liable for anything. They found something to fire him over. And now my brother is being sued but has nothing to sue for. I understand he can garnish his paychecks for the rest of his life and take our house away because my brother is listed as a beneficiary along with me and my sister on my mother's will; even though she is still alive I hear our house can still be taken away. I simply cannot believe how a simple word or two could cause so much devastation. My mom tried to talk to a lawyer on Friday but he wants a $1,000 retainer fee first before she even gets any kind of peace of mind from him. It seems everyone has turned their backs on us and no one will help. All we want to know is what are his odds of winning this case among other questions which he wouldn't answer unless we gave him $1,000. But we are poor and have no money.
All we want to know, for the most part, is if we really have a case since we just cannot believe that this even made it to a hearing to begin with which my brother has to go to on January 5. This man has harassment down on the docket and this appears to me to be falsified so he could get this taken more seriously perhaps. He was harassing my brother by following him around and making threats to him instead. We have a witness but my brother says he won't help him. What on Earth is this world coming to if someone can come out of nowhere, cause you to lose your job, and sue you for all you got even if you have nothing to sue for? And for something he was provoked into saying and by accident. He lost his job. What more does he freaking want?! And now he can't get his job back. He was told he could appeal this at the human resources department but they would not let him. They won't even let him collect unemployment insurance. This is wrong and the casino should be ashamed of themselves. They won't even vouch or stick up for him. They basically threw him out on his own while making him sign this waiver or whatever it was. I am under the impression that the casinos are exempt from the law in this area since he was being mistreated before by a casino and has left that for this one. I can't understand how he even wanted to work here in the first place and not a McDonald's somewhere. But since they found something to fire him over it seems that the casino would win anyway if we tried to sue them to get his job back. He cannot simply get another job in this area as it looks like he will have a criminal record over such a stupid little thing. He unintentionally offended an African-American man who provoked him to begin with.
Actually, it looks like to me that he offended my brother first. It's as if he pushed my brother first and my brother just pushed back, so to speak, but it was unintentional, like a knee-jerk reaction. He has never committed such a heinous crime in the past nor has he done anything wrong before in his life. He gets treated like this all the time since no one will stand up for him and having brain issues makes it even worse for him. I think this whole racial nonsense has gone too far and now I'm afraid to go near any African-American, or a person of any race thinking he or she might sue me too for something trivial. And if he does win I wonder if a white person can do the same thing and get a scare out of someone in order to provoke a response that might be deemed as offensive and sue them the same way. Very clever trick I would say. After all, I would freak out if someone walked up to me and said what he said. I know I must be dragging this out and I'm overreacting but he really needs my help and we are afraid we might lose our home. Anyone's help would be much appreciated! My questions are as follows:
1. Does he really have a case? Or will this most likely go to a trial? This was the question we wanted this lawyer to answer since, if this was going to be tossed out, why hire a lawyer to begin with since we can't afford one.
2. Can we really lose our house? Even though my mother hasn't passed away yet and my brother only has a 33% interest in it? And he hasn't lived here for years.
3. Can my brother fight the casino to get his old job back and what are his chances? Especially if this case gets tossed out at the hearing.
4. My brother is afraid to go to this hearing because of the threats this other person made, even though he was afraid to put this down on his report at work. He is scared that he might do something to him at this hearing. Does he really have to go to this thing?
5. What are my brother's chances of suing this man if this man loses since he made him lose his job and has cost him dearly over nothing?
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