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  1. #1
    dziego is offline Junior Member
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    Can I sue my employer under this condition?

    What is the name of your state (only U.S. law)? CA

    I filed a complaint with the NLRB recently and they dismissed my case, which I immediately appealed. I knew that they would not take the appeal seriously and so they stuck with their prior decision and denied my appeal.

    I filed a complaint with them because I was retaliated against by my employer for protected concerted activities, which NLRB has trouble proving despite the evidences I submitted to them.

    My question is can I sue my employer even after NLRB decided that my complaint has no merit?

    Assuming that I have a Union, can I still sue my employer as an individual?
  2. #2
    pattytx is offline Senior Member
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    Let's see. You filed a complaint with the NLRB. They determined you didn't have a case. You appealed that determination. They confirmed the original decision.

    Why do you think an attorney is going to be able to find anything? Having said that, nobody here is going to be able to tell you whether you have a case (for what, I haven't figured out yet) without ALL the details. And honestly, we don't want the great American novel.

    You're certainly welcome to pay an attorney for a consultation and see what he/she says.
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    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  3. #3
    seniorjudge is offline Senior Member
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    Double post warning

    Quote Originally Posted by dziego View Post
    What is the name of your state (only U.S. law)? CA

    I filed a complaint with the NLRB recently and they dismissed my case, which I immediately appealed. I knew that they would not take the appeal seriously and so they stuck with their prior decision and denied my appeal.

    I filed a complaint with them because I was retaliated against by my employer for protected concerted activities, which NLRB has trouble proving despite the evidences I submitted to them.

    My question is can I sue my employer even after NLRB decided that my complaint has no merit?

    Assuming that I have a Union, can I still sue my employer as an individual?
    http://forum.freeadvice.com/union-issues-97/filing-lawsuit-against-employer-426989.html
    There are two rules for success:

    (1) Never tell everything you know.
  4. #4
    eerelations is offline Senior Member
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    I would think it would be the NLRB that you would be suing.
  5. #5
    dziego is offline Junior Member
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    Quote Originally Posted by pattytx View Post
    Let's see. You filed a complaint with the NLRB. They determined you didn't have a case. You appealed that determination. They confirmed the original decision.

    Why do you think an attorney is going to be able to find anything? Having said that, nobody here is going to be able to tell you whether you have a case (for what, I haven't figured out yet) without ALL the details. And honestly, we don't want the great American novel.

    You're certainly welcome to pay an attorney for a consultation and see what he/she says.
    NLRB is very incompetent. I doubt that they did a thorough investigation considering their response. The board agent urged me to name some witnesses but he never spoke with any of them. They did not even give me the chance to rebut my employer's claims. So an attorney will find everything that NLRB refused to consider.

    You're right, it's a very very long story if I posted it here. I know I have a strong case. What the labor board "found" is just the surface which of course my employer already painted over.

    My question really is if I can still file a suit against my employer after NLRB dismissed my case. I remember the board agent told me that they have their own court system and I believe he was discouraging me from seeking outside help (getting a private lawyer) by saying that, or perhaps he was trying to imply that once the labor board adjudicates my case, that I can no longer take further action.

    and to seniorjudge, sorry if this seem like a double post. it really isn't.

    thanks for your helpful replies.
  6. #6
    cbg
    cbg is offline Senior Member
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    Anybody with a filing fee can sue for anything. I can sue you because I don't like your shoes. Doesn't mean I'll win.

    So yes, you can sue your employer after the NLRB dismissed your case. Doesn't mean you'll win.
  7. #7
    dziego is offline Junior Member
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    i don't think you can sue me simply because you don't like my shoes...there has to be a legal or at least a reasonable basis...

    it's unbelievable that most members here reply with mockery or sarcasm...and i thought this site was meant to help people with legal issues...
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by dziego View Post
    i don't think you can sue me simply because you don't like my shoes...there has to be a legal or at least a reasonable basis...

    it's unbelievable that most members here reply with mockery or sarcasm...and i thought this site was meant to help people with legal issues...
    Actually, you're wrong. Anybody can sue anybody at any time for anything.
  9. #9
    mlane58 is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Actually, you're wrong. Anybody can sue anybody at any time for anything.
    Just because you do file suit, doesn't mean it will make it past a summary judgement either and that is what they are trying to get accross to you.
  10. #10
    cbg
    cbg is offline Senior Member
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    There was neither mockery nor sarcasm intended in my post - simply a statement of fact.

    I'm sorry you aren't getting the answer you wanted to hear, but no one promised you that just because it was free advice meant it would be an answer you liked.
  11. #11
    dziego is offline Junior Member
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    the answer i was expecting was either "yes, considering the circumstances, you probably have a good case but it's best to speak with an attorney" or "no, your case will just be dumped" ...i wasn't seeking for an answer i like but for something which would help me determine my next course of action..

    if you think you have no helpful statements to share, why even bother replying?

    thanks, mlane28 for the enlightenment.
  12. #12
    ecmst12 is offline Senior Member
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    You CAN sue, and if you are considering it, you need to talk to a lawyer. We have no idea whether you have a good case or not - only a lawyer who has reviewed all of the relevent details can do that. I will tell you the fact that the labor board dismissed your complaint twice is NOT a good sign. But talk to a lawyer if you want a more definitive answer.
  13. #13
    cbg
    cbg is offline Senior Member
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    Oh, I'm so sorry. Next time, why don't you tell us what answers you will consider acceptable before we waste time responding?

    And yes, you're damn tooting there's sarcasm in THIS response even though there wasn't any in the other.
  14. #14
    dziego is offline Junior Member
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    Quote Originally Posted by ecmst12 View Post
    You CAN sue, and if you are considering it, you need to talk to a lawyer. We have no idea whether you have a good case or not - only a lawyer who has reviewed all of the relevent details can do that. I will tell you the fact that the labor board dismissed your complaint twice is NOT a good sign. But talk to a lawyer if you want a more definitive answer.
    there...thank you...

    and cbg, this site becomes a waste of people's time because of the way people like you responds...sue me for saying that...

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