Legal Question in Legal Ethics in Ohio
should I file a amandamus action without a lawyer?
I was employed with the state, and was disability separrated this 1-3-03, hav9ng me off work with no pay. I was called back to work in August 2003. Upon disability separatted I filed an appeal of this action, I have since won the appeal and now back to work. I have asked to be awarded back pay and benifits with no success. I was instruced to file a Mandamus Action in the Common Pleas Court. Is tha6 something I can do myself or do I need a lawyer to file?. Thank-you
2 Answers from Attorneys
Re: should I file a amandamus action without a lawyer?
Would you do a dental extraction on your own? Unless you feel qualified to recite the law to a court, you will need an attorney qualified in dealing with employee rights and an experienced litigator. Contact your local bar association lawyer referral service for a start. (I do not handle employment-related cases.)
Best of luck.
Re: should I file a amandamus action without a lawyer?
You are to be commended for successfully handling the appeal of your separation/termination. It seems incredible that a State employer is unwilling to implement and honor your entitlement to back pay. If mandamus is the most effective route, you need to retain an attorney. Your fact pattern did not disclose in what forum you were successful...labor arbitration; EEOC; court? (Typically there would be some implementation or enforcement mechanizm in place.) Good luck.
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