Being sued for civil sexual assault in Dallas. EEOC issued right to sue - now I am soon to be sued federally. Business is bankrupt and closed - need a

[DallasTech103]

In Texas - thank you in advance for your time.

All,

I am a small business owner in Dallas, TX. The small business shut down and went bankrupt last year, but before it did, a disgruntled and dishonest employee that was stealing hours and time filed in Dallas County Court a civil case of sexual assault against me and my business. (It never happened - there is no evidence of it either but unfortunately this is the society we live in)

I've been fighting her and her lawyer for over a year now.

They immediately demanded $200k, then after a year of fighting said pay them $30k (which I don't have) or they will file a federal case against me since they have a right to sue letter from the EEOC.

I am currently pro-se since I can't afford an attorney. A few questions for the group:

1) where exactly does a federal case like this get filed? It is a civil case, correct? Is it public record, and usually which federal court does it get filed to?

2) There is no trial date yet for the local dallas county case, but she has a "witness" friend of hers who was also a former hourly employee that is willing to lie about "her emotional distress" working at our company. Even without any evidence against me or the company, I'm afraid of losing this trial and civil judgment as a result of them taking the stand, Lying, and soliciting sympathy from a jury. Can I appeal the decision and judgment and escalate it beyond civil? Trial is anticipated in spring / summer.

3) does anyone have any idea what typical monetary judgments are in cases like this? I offered $8k cash to leave me alone and just move on with their lives and they refused it. At a loss on how to come up with more money - really feels like extortion.

4) do these civil judgments and cases show up in a background check? I feel I could lose my corporate career in tech (I'm in IT) over these false allegations and dumb case, especially if filed federally against me. Not sure how to maintain employment or get a new job with this stuff on my name.

Thank you so much! I appreciate your time.

 

[Just Blue]

@cbg

 

[cbg]

Sorry but this is outside my experience. @Taxing Matters? @zddoodah?

 

[adjusterjack]

where exactly does a federal case like this get filed? It is a civil case, correct? Is it public record, and usually which federal court does it get filed to?

Here:

Dallas | Northern District of Texas | United States District Court

Yes, it's public record. It can be looked up by anybody on PACER:

PACER: Login

does anyone have any idea what typical monetary judgments are in cases like this?

Between a dollar and a gazillion dollars. In other words, no way to even speculate.

really feels like extortion.

Yeah, but it's legal extortion.

do these civil judgments and cases show up in a background check?

They do if the background check includes court records.

I feel I could lose my corporate career in tech (I'm in IT) over these false allegations and dumb case, especially if filed federally against me. Not sure how to maintain employment or get a new job with this stuff on my name.

The solution is to hire a lawyer, go to trial, and win.

 

[Taxing Matters]

In Texas - thank you in advance for your time.

All,

I am a small business owner in Dallas, TX.

1) where exactly does a federal case like this get filed? It is a civil case, correct? Is it public record, and usually which federal court does it get filed to?

Yes, the lawsuit on the EEOC claims are filed in federal district court. Assuming both you and the ex-employee reside in Dallas it would likely be the U.S. District Court for the Northern District of Texas, the website of which adjusterjack provided a link in his reply. The EEOC claim would be for illegal discrimination based on sex (including sexual harassment). Texas employment anit-discrimination law also provides for a similiar claim. The ex-employee's lawyer will add the state sex discrimination to the federal lawsuit because if the lawyer doesn't do that the ex-employee will be barred from pursuing the claim in state court once the federal case is over. If she has a personal injury claim of sexual assault and that claimed assault is also the basis of the employment discrimination claim then that too should be brought with the federal claim. The now defunct company will also be named as a defendant too, if the attorney is thorough in preparing the case. If she sues you'll know about it because both you and the defunct company (through its registered agent) would be served with a summons and complaint.

2) There is no trial date yet for the local dallas county case, but she has a "witness" friend of hers who was also a former hourly employee that is willing to lie about "her emotional distress" working at our company. Even without any evidence against me or the company, I'm afraid of losing this trial and civil judgment as a result of them taking the stand, Lying, and soliciting sympathy from a jury. Can I appeal the decision and judgment and escalate it beyond civil? Trial is anticipated in spring / summer.

There is no case yet until you get properly served. There is no way a federal civil discrimination will make it to trial this spring or summer. There is a lot that is done prior to the trial, including the discovery phase in which each party has the opportunity to depose potential witnesses and gather information to build their case. It would be more likely a year or more before it actually got to trial.

If you contest the claim then the only way I see it getting to trial that fast would be a small claims court action. There is no jury in small claims court and the claim is limited to $20,000. Small claims court cases are heard by Texas state Justice Courts and the rules do not provide for any discovery or the other tools available to a plaintiff has under the federal rules of civil procedure to help build her case.

You may appeal the federal district court judgement to the U.S. Fifth Circuit Court of Appeals for judical error. In other words if a ruling or decision of the judge made in the case was wrong that is a basis for appeal. There is no appeal because you simply disagree with the jury's decision and want a do-over.

3) does anyone have any idea what typical monetary judgments are in cases like this?

That depends a great deal on the evidence presented to the jury about the damages suffered as a result of the alleged discrimination and the amount of attorney's fees and other litigation she incurs. Since I don't have those details there is no way to even get a close approximation. If she wins it could be anywhere from a few thousands into the millions dollars, though the latter is rather unlikely.

It's very unlikely to even make it to trial in the first place. Over 95% of federal and state court civil cases are dismissed, settled, or otherwise dispose of without ever going to trial. Note that a smart attorney will not hold out for a ridiculous sum of money that you could never pay. The ideal from the plaintiff's point of view is getting a settlement for the maximum amount she can reasonably expect to get given what a jury may award in the case and how much you can actually pay.

When you have employees one of things you want to do is obtain business insurance to cover these kinds of claims. Then the insurance company handles it and pays any judgment or settlement up to the policy limits.

4) do these civil judgments and cases show up in a background check?

The judgement, if there is one, gets filed with the clerk of the District Court and becomes a public record. That information then appears on the U.S. Courts PACER internet public records site. Data collection companies (e.g. companies that compile information for credit checks, employment background checks, etc) will scoop up those records and provide them to customers. For an employoment background check the judgment may only remain on the data company's records for no more than 7 years and six months. If you are ever rejected for employment based on one of those reports the rejecting employer must tell you that in writing and inform you what datasource was used so you can check it to find out report used had any errors.

If you get sued, consult a civil litigation lawyer who represents employers in discrimination claims. You are more likely to minimize what you end up paying out with good representation. The lawyer might be able to get it dismissed or get you a more favorable outcome than you'd get on your own.

 

[zddoodah]

1) where exactly does a federal case like this get filed? It is a civil case, correct? Is it public record, and usually which federal court does it get filed to?

If the case arises out of an incident that allegedly occurred in Dallas, Texas, it should be filed in the United States District Court for the Northern District of Texas (www.txnd.uscourts.gov). Yes, it's public record.

Can I appeal the decision and judgment and escalate it beyond civil?

I don't know what you mean by "escalate it beyond civil," but every losing party in a civil action has a right to appeal. Of course, the appeal would be dismissed quickly if there are no viable grounds, and I've never seen a pro se appeal succeed.

does anyone have any idea what typical monetary judgments are in cases like this?

Anywhere from $0 to millions of dollars. Depends on the facts and evidence.

do these civil judgments and cases show up in a background check?

Depends on what records are checked by the person conducting the background check.

I'd recommend taking the $8k you offered and using it to retain an attorney to try to prevent getting shafted.

 

[LdiJ]

In Texas - thank you in advance for your time.

All,

I am a small business owner in Dallas, TX. The small business shut down and went bankrupt last year, but before it did, a disgruntled and dishonest employee that was stealing hours and time filed in Dallas County Court a civil case of sexual assault against me and my business. (It never happened - there is no evidence of it either but unfortunately this is the society we live in)

I've been fighting her and her lawyer for over a year now.

They immediately demanded $200k, then after a year of fighting said pay them $30k (which I don't have) or they will file a federal case against me since they have a right to sue letter from the EEOC.

I am currently pro-se since I can't afford an attorney. A few questions for the group:

1) where exactly does a federal case like this get filed? It is a civil case, correct? Is it public record, and usually which federal court does it get filed to?

2) There is no trial date yet for the local dallas county case, but she has a "witness" friend of hers who was also a former hourly employee that is willing to lie about "her emotional distress" working at our company. Even without any evidence against me or the company, I'm afraid of losing this trial and civil judgment as a result of them taking the stand, Lying, and soliciting sympathy from a jury. Can I appeal the decision and judgment and escalate it beyond civil? Trial is anticipated in spring / summer.

3) does anyone have any idea what typical monetary judgments are in cases like this? I offered $8k cash to leave me alone and just move on with their lives and they refused it. At a loss on how to come up with more money - really feels like extortion.

4) do these civil judgments and cases show up in a background check? I feel I could lose my corporate career in tech (I'm in IT) over these false allegations and dumb case, especially if filed federally against me. Not sure how to maintain employment or get a new job with this stuff on my name.

Thank you so much! I appreciate your time.

Is the plaintiff's attorney aware that the business went bankrupt?

 

[AlmostThere]

The solution is to hire a lawyer, go to trial, and win.

Or settle out of court. I suspect 30K is a lot less money and stress than hiring an attorney.

 

[LdiJ]

Or settle out of court. I suspect 30K is a lot less money and stress than hiring an attorney.

30k is a lot more money than most people have available, particularly someone whose business went bankrupt less than a year ago. In fact, someone whose business went bankrupt less than a year ago might be hard pressed to come up with 3k, let alone 30k. I am wondering if the bankruptcy should be reopened to include this lawsuit.

 

[Taxing Matters]

I am wondering if the bankruptcy should be reopened to include this lawsuit.

If, as it sounds, the claimed slip and fall occurred before the bankruptcy filing and the court granted a Chapter 7 discharge then there is typically no need to reopen the bankruptcy. The Chapter 7 discharge typically discharges all debts that were subject to discharge; any debts eligible for discharge that aren't included in the discharge will be noted in the discharge order. This is something for the OP to ask his/her bankruptcy attorney. It may well be that the debt is already discharged, at least as to the business entity.

The problem here is that the OP only mentions the business filing bankruptcy. We don't know what type of business it was and that matters. In general a discharge granted to a petitioning business entity only discharges what the business itself owes. Any debts owed individually by owners, officers, and employees of the business are not affected. If the OP did not file personal bankruptcy when the business did that may leave the OP exposed to being pursued individually for any damages that happened as a result of the alleged negligence. If the OP gets sued, then the first thing he/she needs to do is consult a civil litigation attorney who defends against personal injury lawsuits to find out exactly where things stand.

 

[DallasTech103]

I want to thank everyone on this thread for your feedback - I really appreciate the time and advice.

OK so the business went out of business - but i haven't filed personal bankruptcy, or business bankruptcy yet - since i don't have any creditors coming after it. I am currently being sued, and so is the small business, at the same time. It's a small consulting/community services business.

the key problem is every attorney i've talked to wants a $10k retainer, and the one i hired last year blew threw $12k within a month. I don't believe i can afford an attorney.

 

[DallasTech103]

Yes, the lawsuit on the EEOC claims are filed in federal district court. Assuming both you and the ex-employee reside in Dallas it would likely be the U.S. District Court for the Northern District of Texas, the website of which adjusterjack provided a link in his reply. The EEOC claim would be for illegal discrimination based on sex (including sexual harassment). Texas employment anit-discrimination law also provides for a similiar claim. The ex-employee's lawyer will add the state sex discrimination to the federal lawsuit because if the lawyer doesn't do that the ex-employee will be barred from pursuing the claim in state court once the federal case is over. If she has a personal injury claim of sexual assault and that claimed assault is also the basis of the employment discrimination claim then that too should be brought with the federal claim. The now defunct company will also be named as a defendant too, if the attorney is thorough in preparing the case. If she sues you'll know about it because both you and the defunct company (through its registered agent) would be served with a summons and complaint.



There is no case yet until you get properly served. There is no way a federal civil discrimination will make it to trial this spring or summer. There is a lot that is done prior to the trial, including the discovery phase in which each party has the opportunity to depose potential witnesses and gather information to build their case. It would be more likely a year or more before it actually got to trial.

If you contest the claim then the only way I see it getting to trial that fast would be a small claims court action. There is no jury in small claims court and the claim is limited to $20,000. Small claims court cases are heard by Texas state Justice Courts and the rules do not provide for any discovery or the other tools available to a plaintiff has under the federal rules of civil procedure to help build her case.

You may appeal the federal district court judgement to the U.S. Fifth Circuit Court of Appeals for judical error. In other words if a ruling or decision of the judge made in the case was wrong that is a basis for appeal. There is no appeal because you simply disagree with the jury's decision and want a do-over.



That depends a great deal on the evidence presented to the jury about the damages suffered as a result of the alleged discrimination and the amount of attorney's fees and other litigation she incurs. Since I don't have those details there is no way to even get a close approximation. If she wins it could be anywhere from a few thousands into the millions dollars, though the latter is rather unlikely.

It's very unlikely to even make it to trial in the first place. Over 95% of federal and state court civil cases are dismissed, settled, or otherwise dispose of without ever going to trial. Note that a smart attorney will not hold out for a ridiculous sum of money that you could never pay. The ideal from the plaintiff's point of view is getting a settlement for the maximum amount she can reasonably expect to get given what a jury may award in the case and how much you can actually pay.

When you have employees one of things you want to do is obtain business insurance to cover these kinds of claims. Then the insurance company handles it and pays any judgment or settlement up to the policy limits.



The judgement, if there is one, gets filed with the clerk of the District Court and becomes a public record. That information then appears on the U.S. Courts PACER internet public records site. Data collection companies (e.g. companies that compile information for credit checks, employment background checks, etc) will scoop up those records and provide them to customers. For an employoment background check the judgment may only remain on the data company's records for no more than 7 years and six months. If you are ever rejected for employment based on one of those reports the rejecting employer must tell you that in writing and inform you what datasource was used so you can check it to find out report used had any errors.

If you get sued, consult a civil litigation lawyer who represents employers in discrimination claims. You are more likely to minimize what you end up paying out with good representation. The lawyer might be able to get it dismissed or get you a more favorable outcome than you'd get on your own.

Quick questions if OK:

1) so it sounds like i'd be fighting a local county civil case, and a federal EEOC/discrimination case? would that be two potential judgments to pay out if i lost? 2 separate payments / judgments?

2) the plaintiff's deadline to file in federal court was 2 weeks ago (90 days from right to sue from EEOC) - i haven't received anything. Where can i search if i am listed as a defendant for a federal/EEOC discrimination case?

3) if someone misses their 90 day deadline from the right to sue - is that it? it's over right - federally? even if they are a day late? or is there an appeal there?

4) opposing counsel has said i'm making a mockery of their offers by going low (it's what i can afford) and they're going to let the court process play out. I just don't understand what a legitimate judgment cost looks like for this given there isn't any evidence but a lying witness or two...

 

[quincy]

You say that the plaintiff has a couple of (“lying”) witnesses to support her claim. Do you have any (truthful) witnesses available to testify on your behalf?

As a note on bankruptcy: IF the plaintiff were to obtain a judgment against you in a civil trial, there is a good chance that you will not be able to escape paying the judgment by filing for bankruptcy. A bankruptcy attorney can inform you on the reasons why.

 

[bcr229]

2) the plaintiff's deadline to file in federal court was 2 weeks ago (90 days from right to sue from EEOC) - i haven't received anything. Where can i search if i am listed as a defendant for a federal/EEOC discrimination case?

You can use the search function at pacermonitor.com to see if anything has been filed under your name in Texas over the past few months. The search function is free but you don't get the whole case file.