Arbitration/Mediation question....sort of.....

[meddjay]

I live in Arizona and have filed a suit in Federal Court (9th District) against my past employer which is the Federal Government. I am awaiting the waiver of service reply at this time. What I want to accomplish here, is not necessarily a lawsuit (because I don't think I will win the suit, because I am unrepresented and acting Pro Se, not because I would be in the wrong), so being realistic about my chances all I really wanted to do was to get them to talk to me about this termination, but they never would, thus the lawsuit.

My question is: Can I write a letter to their lawyer (who is the United States District Attorney for that District) or the Defandant and outline in the letter how the government broke the law and made a judgement error in my case? I would like to inform them why it would be advantageous for the Government to mediate with me and not take this to trial? I don't know if there is ever a time during a case, when I cannot communicate with the defendant or the lawyer on a one to one basis, but more than that, I was hoping some genius of a mediator or litagator out there could perhaps share with me some persuasion technics for said letter. And which one do you feel is the best way to go, arbitration or mediation? Anything else you can help me with as far as advice goes I would be most appreciative. (I know if it DOES go to court, I will probably lose on some stupid technicality that I wasn't aware of because I am not a lawyer, though I have researched this thing for 18 months now...sure wish I could afford an attorney, or at least find one that would help me on a contingency basis... but you know how that goes! ) Thanks again.

 

[badapple40]

You could wait until they file an answer or motion to dismiss and simply telephone opposing counsel.

Of course, when you talk about pursuading the opposing side, well, thats a tricky piece of business. We pursuade all the time. I typically, in my own practice, send out a letter (an invite to dance letter) before I file suit, with a draft complaint. I've got a 6.4 million dollar case on my desk right now where I've done that -- you'd be amazed as to how well it works.

Since you've already filed suit, I'd expect to see a motion to dismiss, especially if you've inartfully drafted your complaint. After that is overrruled, assuming it is overruled, then you can expect to engage in meaningul negotiations -- if the other side feels your case has any merit. If not, they'll conduct discovery to the point necessary to get a motion for summary judgment and that'll be the end of that.

 

[meddjay]

Wow, thanks!

Wow....thanks for the quick response and the good advice. Now, if you only lived in Arizona, and would take me on a contingency basis, I would think I died and went to heaven!

I am glad to see I am thinking in the right direction at least, (I mean about sending them a letter) but I wonder if they will take me seriously though since I am acting Pro Se. The one thing I have going for me (I think) is the fact that they broke a couple of laws all listed under Title 5 and no matter what they do or say, there is no way around that for them (Snicker, snicker!), though I am sure they will find a way! You mentioned that I might have not written up the original complaint very artfully, and I am sure I probably didn't but I tried! What I did was to apply the KISS principle, and tried to make it as straight forward and simple as humanly possible considering the situation. I filed under Breech of Employment Contract mainly because I was a Federal Employee, but I am thinking I probably should have filed under wrongful termination/prohibited personel action. I feel by terminating me, they did Breech the Employment Contract because they misinterpreted the findings of my back ground check (some 8 months after I had already been working there), causing them to terminated me using the reason "unsuitability".

Title 5 is very, very, clear about stressing that if "unsuitability" is used as the reason for termination, that they had better be pretty damn sure about the employee/applicant's (whether a career conditional employee or a probationary employee) unsuitability! AND, they had better have investigated this completely, which of course they did not (the Fed Gov isn't allowed to use common sense), because if they HAD investigated it thoroughly, (and even though it says on public trust form 85p, as part of the investigation process they will interview the applicant if any questions arise), and applied some good old fashioned sense, they would have realized that nothing I have done is listed in the laws as unsuitable! Thus, I was forced to file a law suit just so I can show them the mistake that THEY made while interpreting the results of my back ground check!

I have to laugh (because if I don't I will cry) because for 8 months I was suitable enough for them to risk my life each time I went to work, and then 1 day out of the blue Im not suitable anymore because some over-zealous "wanna be" investigator saw only what he WANTED to see, but not what was really there and written in the report! Phew...sorry, I just had to get it out and tell somebody! Thanks.....yea, yea...I know, I will get your bill! LOL