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Retaliatory discharge

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J

josephshane45

Junior Member
What is the name of your state (only U.S. law)? Alabama,I worked for this company for eight years, then got injured on the job and had to have surgery
on my knee, then had a reaction to the medicine I was on and had to have
surgery again, long story short two weeks after the doctor's released me to
the day I was let go, they said it was lack of work, but the shop was on overtime and had two other jobs to do which was on overtime,so their was no lack of work then or now as of a year ago,the very week they let me go the owner of the company bought another shop and their machinery for 1.3 million dollars,and I was the only one let go that week. I filed a suit against the company and have already given my deposition and got theirs all but one and that's the owners wife,my lawyer said he did not want to run up any more
expense, now I have a witness willing to testify and he want even talk to him.
Now the company is trying to get me to take a settlement, their saying that if I don't take it that their going to file for summary judgment. The company's
lawyer and the judge over my case was partner's in a law firm the had together,I have a problem with that but my lawyer said I'm just looking at the politics of things. Is it OK for this judge to hear my case and if it is, then would they offer a settlement if they are claiming that it's going to be dismissed when we go for a summary judgment.
 


cbg

cbg

I'm a Northern Girl
How long were you out of work for the surgery and anything else connected with the injury? It makes a difference.
 
J

josephshane45

Junior Member
josephshane45 said:
What is the name of your state (only U.S. law)? Alabama,I worked for this company for eight years, then got injured on the job and had to have surgery
on my knee, then had a reaction to the medicine I was on and had to have
surgery again, long story short two weeks after the doctor's released me to
the day I was let go, they said it was lack of work, but the shop was on overtime and had two other jobs to do which was on overtime,so their was no lack of work then or now as of a year ago,the very week they let me go the owner of the company bought another shop and their machinery for 1.3 million dollars,and I was the only one let go that week. I filed a suit against the company and have already given my deposition and got theirs all but one and that's the owners wife,my lawyer said he did not want to run up any more
expense, now I have a witness willing to testify and he want even talk to him.
Now the company is trying to get me to take a settlement, their saying that if I don't take it that their going to file for summary judgment. The company's
lawyer and the judge over my case was partner's in a law firm the had together,I have a problem with that but my lawyer said I'm just looking at the politics of things. Is it OK for this judge to hear my case and if it is, then would they offer a settlement if they are claiming that it's going to be dismissed when we go for a summary judgment.
Click to expand...
I was out of work
for one week with my knee in Feb. and two weeks in July for my other surgery
and was under doctors care from Feb. to July. Simple question do I have to
go for a summary judgment to get a jury trial . Other question, if the judge
and the company's lawyer were partners in a firm together before he became a judge is that not a conflict of interest or is he allowed to hear my case.
 
B

Beth3

Senior Member
Just because the judge and opposing counsel were once partners in a law firm does not mean there is inherently a conflict of interest. (a) For all you know, they could despise each other, and (b) partners in law firms typically make a whole lot more money than judges do, so it's certainly possible that their prior partnership had an unhappy ending. I've worked in a law firm and have seen partners stab each other in the back on more than one occasion.
 
B

Betty

Senior Member
It seems you worked for your employer 8 years.
Did you work at least 1,250 hrs. in the 12 months immediately preceding the leave?
Did you work at a location with 50 or more employees within a 75 mile radius?

Thanks. This will help us tell if FMLA applied.
 
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