Legal Question in Employment Law in California

Does Federal Employee has the right to ask the Judge to sue his/her employer

I am a federal employee. I filed a racial discrimination

against my employer. My case now is pending at US EEOC.

I have two questions to ask:

1. Is it normal for the agency employer's attorney to

prepare the ''Order'' for the Judge to sign? (The agency

employer's attorney prepared an ''order'' to ''Dismissed

with Prejudice'' to the Judge and he sent me one. First,

I thought it was from the Judge. However, the Judge

called me, and informed me that he had not made formal

decision.)

2. As a Federal employee, can I ask the Judge for the

right to sue my employer? (The Judge told me that as a

Federal employee, I can not ask for the right to sue.

Is it true?????)


Asked on 2/01/03, 12:34 am

2 Answers from Attorneys
Craig Silman The Law Office of Craig M. Silman, Jr.

Re: Does Federal Employee has the right to ask the Judge to sue his/her employer

Whenever a attorney writes a motion, the attorney must also write the order for the judge to sign.

Since you are a federal employee you are bringing your action under Section 501 of the Federal Rehabilitation Act. What you are doing know is going through what is called the administrative process. Once the administrative process is over and if you do not win, then you will recieve a right to sue letter.

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Answered on 2/03/03, 10:34 pm
Terry A. Nelson Nelson & Lawless

Re: Does Federal Employee has the right to ask the Judge to sue his/her employer

Any party can ask for or present an order as part of a motion or application, it is up to the judge whether to rule on it, use it, or prepare his own. You can file suit after the administrative process is over, which could take years, or you can file suit 6 months after filing the claim with EEOC. Your choice. If you have a valid case worth pursuing, you are likely to have to file suit to get anything, so you might as well do so sooner rather than later. Contact me if interested.

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Answered on 2/04/03, 2:00 pm


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