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Help with Pleading

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Katy W.

Member
What is the name of your state? Arizona

I am writing the pleading for a Pro Se lawsuit against my former employer for discrimination, retaliation, FLSA violations, and maybe defamation but maybe not sure. I am not doing this Pro Se because I want to.

I need help on the pleading; I’ve filed one already and this is my one free amendment. Please help if you can:

Do I want to stick to the main count, retaliation, or do I want to include everything that could also be violations? My employer, a non-profit agency contracted to the state government, encouraged its employees to “volunteer” their services since the company was sort of a pilot project, yada yada. So that’s an FLSA violation, do I include?

The EEOC right-to-sue I am using was filed because of retaliation I received after I filed a Charge of Discrimination. My employer called a meeting of administrators of our company, our parent company, the board of directors of each, and even some community members, and passed out a 12-page packet of material about me. In this material were memos containing provably untrue negative statements about my past work performance, allegations that I had filed complaints with various state agencies without affording them the opportunity to respond (also false, the EEOC charges were the only I filed), a statement that reads: “It was suggested that (she) take classes in Dialectical Behavioral Therapy to provide her with some skills in dealing with her problems at work”; and statements about me being a “very disruptive influence” in the company. (This was all written when they got knowledge of the EEOC Charge.) Unfortunately for my employer someone who attended the meeting mailed me a copy of everything my employer distributed there.

Also included in this packet were copies of a letter written by a co-worker to the CEO of our parent company, she wrote, ‘I know that (I) wrote to you saying that she represents all of us here, she doesn’t represent me, and I don’t agree with the negative things she has been saying about the management here.’ Etc. Only, I never wrote a letter to the CEO of our parent company. The whole meeting (and apparently much activity since)was an attempt to discredit me for filing the Charge. Our CEO coached my co-worker (once a friend) into writing her letter to our bosses’ boss, then copied it to show everyoneat this meeting that my peers don’t support me. Would you consider anything I’ve told you to be defamation?

In the past, my employer demoted me for asking for reasonable accommodation, but that was in my first EEOC Charge and the right to sue has timed out on that. Can I include those violations anyway?

A co-worker has also filed suit about things that were going on at our jobs, the District Court will join our two cases, right.? She is also a pro se litigant. Will the Court appoint us counsel, then, if I petition? (I mean, do I have a good chance.)

Thanks very much.

Katy
 



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