What is the name of your state? Louisiana
In May of 1997, I was fired from my employment because of a disability covered by the ADA. I was a Union employee under Union contract, and the contract specifically agreed (between the Company and the Union) that a member could not be discriminated against (fired) if a member of a protected class. To make a long story short, I had PI's sicced on me among many other terrible and bizarre things, and I was almost sent over the deep end. I was so paranoid by the time that any chance to sue for a tort was about to prescribe that I, myself, drafted and filed a suit in district court for invasion of privacy, trespass, defamation by slander, but avoiding federal question (to an obvious end...it's bad when a lawyer is his own counsel...it's downright embarassing when a layman totally ignorant of the law tries it!!). I retained a lawyer later in the matter (a fellow I went to school with and knew personally) who brought federal question in through a petition amendment to rectify an exception, the case was thrown into federal court, and not surprisingly eventually dismissed in no small part due to my earlier screwups in filing the petition, etc. Yes, I know it was stupid to even attempt that myself, and believe me I see the error of my ways (as well as gaining a new found respect for the difficulty of a lawyers job...it's not a job for the brainless, I can assure you!!) I should have talked to a lawyer sooner, and not had to wait to find one later. I thought I could stop the clock on prescription without harm, and a lawyer could fix my screwups in drafting the petition later, but boy was that stupid!
My question:
The fact that I filed this other complicated and downright bumbling tort lawsuit and it being summarily dismissed notwithstanding, do I have the right to sue for a contract breach, and enjoy that prescriptive period (which I thought for a contract breach is 10 years). I was under the Union's contract, and therefore not under an individual employment contract that I had to endorse personally, but my termination was, I believe, a definite and direct violation of that Union contract. Am I considered "under" the contract such that I could personally sue for breach of contract regardless of the earlier legal catastrophe? If so, how long do I have to file the suit from my date of termination? And finally, what damages could be sought for this type of suit?
I really appreciate the info. Thanks so very much, and my apologies if I directed this to the wrong reference area of law, or if it is confusing in any way.
In May of 1997, I was fired from my employment because of a disability covered by the ADA. I was a Union employee under Union contract, and the contract specifically agreed (between the Company and the Union) that a member could not be discriminated against (fired) if a member of a protected class. To make a long story short, I had PI's sicced on me among many other terrible and bizarre things, and I was almost sent over the deep end. I was so paranoid by the time that any chance to sue for a tort was about to prescribe that I, myself, drafted and filed a suit in district court for invasion of privacy, trespass, defamation by slander, but avoiding federal question (to an obvious end...it's bad when a lawyer is his own counsel...it's downright embarassing when a layman totally ignorant of the law tries it!!). I retained a lawyer later in the matter (a fellow I went to school with and knew personally) who brought federal question in through a petition amendment to rectify an exception, the case was thrown into federal court, and not surprisingly eventually dismissed in no small part due to my earlier screwups in filing the petition, etc. Yes, I know it was stupid to even attempt that myself, and believe me I see the error of my ways (as well as gaining a new found respect for the difficulty of a lawyers job...it's not a job for the brainless, I can assure you!!) I should have talked to a lawyer sooner, and not had to wait to find one later. I thought I could stop the clock on prescription without harm, and a lawyer could fix my screwups in drafting the petition later, but boy was that stupid!
My question:
The fact that I filed this other complicated and downright bumbling tort lawsuit and it being summarily dismissed notwithstanding, do I have the right to sue for a contract breach, and enjoy that prescriptive period (which I thought for a contract breach is 10 years). I was under the Union's contract, and therefore not under an individual employment contract that I had to endorse personally, but my termination was, I believe, a definite and direct violation of that Union contract. Am I considered "under" the contract such that I could personally sue for breach of contract regardless of the earlier legal catastrophe? If so, how long do I have to file the suit from my date of termination? And finally, what damages could be sought for this type of suit?
I really appreciate the info. Thanks so very much, and my apologies if I directed this to the wrong reference area of law, or if it is confusing in any way.