What is the name of your state?
Ohio
Hello,
I am presently, and have been for a couple of years, involved in a Title VII SH/Retaliation case in Federal District Court as a Pro-Se Litigant.
I have not yet deposed a/thee "key witness" because I genuinely fear for the witness's job. Yes, I know all about Title VII, and how employers are prohibited from "retaliation", but it didn't stop them from doing it to me, and placing me in YEARS of litigation on my own). I do not want to place a would be, helpful witness in the same position ("hell") I am in now.
I want to be able to show this witness that they are "protected" from "retaliation", and the Defendant needs to be put on clear notice not to say, or do anything that could be interpreted as retaliation, once they Defendant becomes aware that I will seek to depose the witness. I have the "witness's" employee file, and there is ample justification for the sudden termination of the employee within that file INCLUDING a "final warning" in regards to events at the time of my termination, not to mention the "at-will employment" exemption blanket the/a employer has.
I believe that I need to in some way "request" a preliminary injunction, protecting the witness's employment. I'd like to be able to do it, and have it in place without giving the Defendant (advance) "Notice", where the Defendant can then excercise their power over their employee and "suggest" how unhappy they might be if the witness were to speak candidly. If I were to go through the normal pleading process, and filing a "Motion" for an injunction, it would self defeat the whole intent.
The question is, is how can I get what I think of as a "Protective Order" (I know its not that, its only an "Order" that would "Protect" the witness from retaliation), or Preliminary Injunction IN PLACE shielding the witness before that entire intent can be undermined by the Defendant/Witness's Employer? How do I address the Court, and with what?
Ohio
Hello,
I am presently, and have been for a couple of years, involved in a Title VII SH/Retaliation case in Federal District Court as a Pro-Se Litigant.
I have not yet deposed a/thee "key witness" because I genuinely fear for the witness's job. Yes, I know all about Title VII, and how employers are prohibited from "retaliation", but it didn't stop them from doing it to me, and placing me in YEARS of litigation on my own). I do not want to place a would be, helpful witness in the same position ("hell") I am in now.
I want to be able to show this witness that they are "protected" from "retaliation", and the Defendant needs to be put on clear notice not to say, or do anything that could be interpreted as retaliation, once they Defendant becomes aware that I will seek to depose the witness. I have the "witness's" employee file, and there is ample justification for the sudden termination of the employee within that file INCLUDING a "final warning" in regards to events at the time of my termination, not to mention the "at-will employment" exemption blanket the/a employer has.
I believe that I need to in some way "request" a preliminary injunction, protecting the witness's employment. I'd like to be able to do it, and have it in place without giving the Defendant (advance) "Notice", where the Defendant can then excercise their power over their employee and "suggest" how unhappy they might be if the witness were to speak candidly. If I were to go through the normal pleading process, and filing a "Motion" for an injunction, it would self defeat the whole intent.
The question is, is how can I get what I think of as a "Protective Order" (I know its not that, its only an "Order" that would "Protect" the witness from retaliation), or Preliminary Injunction IN PLACE shielding the witness before that entire intent can be undermined by the Defendant/Witness's Employer? How do I address the Court, and with what?