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Firing-Wrongful Termination

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BCDNOW

Guest
What is the name of your state? California.
If I worked for the federal government, their regulations stated, If the doctor gave you a sick slip for 15 weeks, they must except it, but they would only except 14 weeks and fired me. Is this legal? :confused:
Can you ask the Nineth Circuit to rule on this?
 


Beth3

Senior Member
Sorry. I only know one of the judges on the 9th circuit and he tells me their court docket is full.
 
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BCDNOW

Guest
Firing- WrongFul Termination

Beth3,
When can I submit, and what documentation, can I submit to the Nineth Circuit. I found only one attorney that would help me, he is deaceased now. Why are attorneys afraid to fight the government, especially, if they have a winning case?:)
California
Can I get Pro Bono assistance? This case is life or death to me!

Thanks,
Robert
 

Beth3

Senior Member
Your opinion that you have a winning case doesn't mean you have a winning case. Plus there is the high cost of litigation which must be balanced by the likelihood of prevailing as well as any judgement that might be awarded. Unless of course you have unlimited resources to pursue this which sounds doubtful since you're looking for an attorney to represent you pro bono.

Attornies have bills to pay too so I don' t know how successful you will be in obtaining free legal representation. You can always try the Legal Aid Society in your area.

If you have talked to a number of attornies and you can't find one willing to represent you that probably has a whole lot more to do with the strength of your claim than anyone being afraid of the government. If what you describe in your original post is the sum total of your situation, it's not much of a case.

In any event, I suggest you contact the Legal Aid Society and your State Bar Association and keep looking for an attorney if you are determined to pursue this.
 

divgradcurl

Senior Member
In any event, you don't file in the 9th District anyway -- those are the courts of appeal. You file your Federal case in the Federal District Court that has jurisdiction over the case; if the judgement at the District Court level gets appealed, then it will go to the Circuit courts.
 
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BCDNOW

Guest
Appealing closed Federal Case-Wrongful Termination

Hello,
I have been told by the 9th court of appeals, to file a Mandate. Can anyone post/show me a copy of what needs to be written? can anyone help me? I believe now is the time for my case!
I'm in california. this may really be good and my last time. can anyone tell me where to find this information on-line? :)
 
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reddenbakker

Guest
Did they tell you anytime during the 14 weeks, that is all they will allow?

Then you screwed yourself by taking a chance on the 15th week.

But if you showed up for work on Monday of the 16th week ready and able to work and they fired you saying they allowed only 14 weeks....that is something a newspaper or tv reporter should hear.
 
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BCDNOW

Guest
reddenbakker,
the regulations at the place i worked, stated that if the doctor gives you 10 weeks, then that is what must be accepted. i think the managers misinterpreted the regulations.:)
 
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reddenbakker

Guest
what was the reason for only accepting the 14 weeks?

and when exactly did they tell you?

Law is specific, it has to be exact, so dates letter phone calls all must be exact.

15 weeks from what day? how do they count the 14 weeks? what are the dates you come up with for both questions? what date did you show up for work?

What date did the doctors note say was the end of the 15th week? what day do you normally start work? was the 15 weeks ending in the middle of a week?

any one of these questions could mean you are right or wrong?

think of this as a MATH problem....count the days and give me all the different answers.
 
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BCDNOW

Guest
Firing-wrongful termination

reddenbakker,
Lets say, the surgery took place on August 19, my return to work date is October 28. The manager told me during the week of the 28th the tenth week would not be accepted. I returned to work on the 28, also! A week is from Sunday to Saturday.
California is my state. The Doctor's note said, I could return to work on the 28, for light duty.

Thanks,
BCDNOW:)
 
B

BCDNOW

Guest
Can anyone tell and show me what's a Mandate?!! I need to submit one to the nineth circuit. Please!
 

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