In discovery

[Krlarson]

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

Hello I'm suing my past employer for failing to prevent a co worker from discriminating and harassing me for over two years. I'm here to ask since my attorney is on vacation and need some answers. He told me before he left that the guy who was harassing me didn't respond to my complaint and is now in default, what does that mean n also wen I quit because of my job not doing anything about the guy I filed for unemployment and they denied me because they told the edd that I only complained once but in their discovery response they admitted that I complained more times than that. Can they be held liable for lying to the edd to get me denied unemployment?

 

[swalsh411]

Did you appeal the unemployment determination?

 

[commentator]

Okay. First of all, totally, in your mind, separate your unemployment approval from any other suits and situations that you may have. Unemployment insurance is a different sort of case, has nothing to do with civil court, it is an administrative hearing.


Your attorney's information that the party did not respond and is in default is a separate issue, others may be able to advise you better on that. But in regard to your unemployment insurance, I can speak with some authority.

Quick answer, no, the information provided by the employer or by the employee in an unemployment claim and subsequent appeal is not something you could sue them for.

In each situation in unemployment insurance, there is the assumption that either or both of the parties may be lying. In other words, if there are two completely different stories, one or the other will be more believable. That's what the hearing officer will go on, which party is more believable, which one has better proofs for their side of the argument that you had a good valid job related reason to quit the job.

I also want to know at what stage of the situation we are supposed to be in here. Has there been an initial decision denying benefits and then you had the hearing and the employer admitted you had complained how many ever times? What's the deal with the "discovery response?" That sounds as though the initial decision granting or denying benefits has not yet been made. If that is the case, the ajudicator is doing fact finding and will issue a decision soon. This decision will be appealable by either party. So if they initially approve your benefits, the employer has the right to appeal, request a hearing and have the situation re-examined. If your benefits are denied, you have the same rights, the right to appeal the decision within a certain time frame and request a hearing.

But no, definitely not at this stage, and at no future stage in the unemployment process will you be able to civilly sue your employer for lying about your situation to keep you from receiving unemployment benefits.

Likewise, if you are awarded big awards in any sort of EEOC case, it will have no effect at all on your unemployment insurance issues.

 

[Krlarson]

I never got unemployment because about a month later I went on disability for depression and stress caused by my job. But can't I use the interview fromm job to edd as another tool to say they lied to the edd about me so what else could they be lying about?

 

[swalsh411]

I think what you should do is let your attorney decide what is in your best interests. You do not need an answer now. You can wait for an answer until he gets back from vacation. Regardless of what we tell you here, your attorney will make the decision.

 

[Hot Topic]

I never got unemployment because about a month later I went on disability for depression and stress caused by my job. But can't I use the interview fromm job to edd as another tool to say they lied to the edd about me so what else could they be lying about?

How did you manage to get disability for depression and stress caused by your job? There are millions of Americans who could claim the same thing and totally overwhelm the system.

You've watched too many movies. No one is going to buy "...can't I use the interview fromm (sic) job to edd as another tool to say they lied to the edd about me so what else could they be lying about?"

 

[cbg]

can't I use the interview fromm job to edd as another tool to say they lied to the edd about me so what else could they be lying about?

In an nutshell, no.

 

[ESteele]

With respect to the implications of the harasser’s default, you should confer with your attorney. Be advised, though, individuals often can petition to have defaults for failing to serve an answer vacated. Your attorney will make a decision whether to challenge this individual’s possible petition to vacate the default.

On a related note, the “real” fight in your litigation involves your former employer. The individual who harassed you is in all likelihood essentially or literally “judgment proof.” If you are ultimately going to recover damages, you will likely obtain them from your former employer.

With regard to the disparity between the employer’s discovery responses and its submissions to unemployment, your counsel can determine whether to highlight said disparity in connection with the lawsuit. While the disparity suggests duplicity, the employer’s later discovery responses (which concede you complained on multiple occasions) appear more favorable to your position in the underlying harassment litigation. Counsel may very well decide there is no upside in introducing the employer’s earlier, contrary unemployment submission (which asserted you only complained once) in connection with the litigation.

With respect to unemployment, as Commentator indicated, it appears that ship has sailed.

 

[Krlarson]

Thank you everyone for your insight and advice