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View Full Version : How do you fight you.S. Government in you.S. Courts?


Discriminated
Mar 11, 2009, 09:38 PM
Is getting justice possible in U.S. Federal and District Courts when you believe that you were discriminated in employment and promotion and were wrongfully terminated, and that the defendant is the U.S. Government. It appears to me that the discrimination and employment laws invariably favor the government departments and agencies.

You have the RIGHT to go to court and file a lawsuit against the federal government but how practical is it to exercise that RIGHT. Filing a lawsuit is a very costly proposition as one needs huge funding that is non-existent after an employee is terminated. Being unemployed and looking for a job, not only you face the stigma associated with termination, but also can not afford a lawyer. On the other hand, government you are up against the entire Justice Department or the U.S. Attorney Office that would defend its action albeit a wrongful action of their supervisors at all cost and at the expense of tax payers.

The agency can and will drag the cases for several years in a hope that the plaintiff either gets fed up, loses interest, runs out of money or dies. The District and Federal courts are painfully SLOW and the attorneys are extremely expensive The public officials such as your congressmen or senators are generally of no help when it comes to EEO discrimination. They at best refer your complaint to the offending agency just to receive a generic answer.

I am opening up this discussion to get your perception or gain an insight of your own experience. :mad::mad:

excon
Mar 12, 2009, 05:28 AM
Hello, Discriminated,

Yeah, life ain't fair, and neither is the gubment... What else is new?

excon

Discriminated
Mar 12, 2009, 05:48 AM
Hello, Discriminated,

Yeah, life ain't fair, and neither is the gubment..... What else is new?

excon

Then I wonder what is the difference between U.S. and other systems. In other countries, you at least save what you have by not being able to sue the government. In U.S. you lose whatever you have by being able to sue the government. Is it a fair assessment

excon
Mar 12, 2009, 06:09 AM
Hello again, D:

If you want to successfully sue, you're going to need a lawyer. Lawyers cost money. If you don't want to pay, don't sue.

OR, if you have a good enough case, you ought to be able to find lawyers who will take your case on consignment...

Or, you can find a lawyer pro bono (free), or you can join a class action lawsuit.

I have no problem with that system.

I don't know what advantage one has when you CAN'T sue the government... Oh, I guess you don't have to pay for a lawyer, and that's GOOD, if that's what you meant?? But, I can't tell.

excon

ebaines
Mar 12, 2009, 10:01 AM
Suing an agency of the US Government for discrimination or wrongful termination is very much like suing any large corpration for the same. They do indeed have deep pockets so it can be expensive. But when you sue a department, like, say, Commerce, that does not mean that the entire Justice Department will be against you - Commerce will use its own lawyers who handle HR law suits. You may find that once you have an attorney whatever department you have a beaf with will be willing to negotiate a settlement without you actually having to go to court. One last point - you are probably already aware that not all government agencies are covered by the same HR laws as private business, so are you sure you have a case?

JudyKayTee
Mar 13, 2009, 05:29 AM
I would appear that this is less a legal question and more a discussion - unless there are facts which OP would like to post.

Sounds like homework or something similar.

I thought Federal employees have some sort of quasi-Union now and that "Union" protects and represents them - ?

Discriminated
Mar 17, 2009, 10:13 AM
I thought someone will take this discussion seriously and provide an advice. Apparently, some of the respondents made general comments.

I think it is a real issue for a common person to fight against huge establishments such as federal government or big corporations. If the civilized and democratic society so apathetic to those who "have no means" then perhaps some people would argue that the current system of government has failed to address the needs of majority of us when it comes to seeking justice.

excon
Mar 17, 2009, 10:28 AM
Hello again, D:

Well, you talked about SUING the government. That's not the only way a citizen has of addressing his grievances...

This is a democracy. Certainly, the courts are ONE way. If you have the money and the time, you might get justice there. The courts are slow, for a reason.

You can write letters, books and articles about how bad the government is, and how it can be fixed.

You can become politically active and support a candidate who will change the law more to YOUR liking. Better yet, run for office yourself.

You can demonstrate on the street with your grievances, and carry large signs. You can stand on a corner and tell everybody that passes by how bad the government is, and how it should be changed. You can hand out posters and pamphlets too.

You can vote.

You can become a teacher and teach the next generation of children how bad the government is, and how it should be changed.

You can post your grievances on a web site like this one.

In a free country like ours, there's LOTS of ways you can address your grievances with the government.

Do they work, and will you get justice?? I don't know. There ain't no guarantees.

excon

Fr_Chuck
Mar 17, 2009, 11:26 AM
First if there is a really "good" case you will find attorneys lined up to help you sue the government since they will get 2/3 of the payout if you win.

But fair, right, those are not real terms in the legal system,
And while it is called justice system, there is no "justice" there is a legal system.

And not sure about discrimination

And I have seen EEOC go against the government many times, in fact for reasons of race and gender the government goes so far that they even hire people who are less qualified than good people of a non minority.

I used to be a manager ( GS 12) in the government, I was required to hire a minority person 3 times over a much more qualified non minority.

To me this was the worst discrimination of all, not hiring the best person because of race or sex.