[russharv63]

I live in Virginia and filed a charge of retaliation with the EEOC under "title Vll of the civil rights act of 1964." I was fired because I filed a workers Compensation claim in the state of Virginia where I reside. Can I also bring a charge of wrongful termination under Virginia code 65.2-308? Do I have the right to pursue both? Are they brought in different courts of law?

[Fr_Chuck]

They are different, one is Federal, and if it actually progresses, ( most do not) it will be in Federal Court. The other is State.

Also one deals with retaliation and the other wrongful termination. while they sound similar they are very different.
one is actual against protected rights, the other is legal reasons for termination.


The Federal, to be honest, do not even try without an attorney, Federal Court is not user friendly and judges have little patience with those without proper legal knowledge.
They have little patience with attorneys who are not experienced in Federal Law.

Please understand, and I am sure you do. You will need actual evidence. Merely filing for workers comp, and then being fired is not proof. You will need written paper work showing that was the actual reason, or perhaps a employee with that knowledge that will testify.

I will give you example, I testified in a racial discrimination case. I was soon transferred to third shift. Then later fired. Issue, no proof that was the reason.
The court will not merely link the two together. You have to connect the dots with evidence.

[russharv63]

I was fired from my job on April 18, 2013. As of tonight my former employer has not sent me my w-2's. I have not had any contact with my former employee because I am involved in several legal matters with him from unemployment benefits, workers compensation to filing a EEOC lawsuit. My lawyer has told me to not have any contact with him. My lawyer has sent a letter to him asking him to send me my w-2's but he has not sent them yet. Can I sue him if he refuses to release my w-2's?

[Fr_Chuck]

No, you can report him to the IRS.

Was there a change of address ? Would you normally get it online at a employee web page ?

[ScottGem]

No, you can't. If he has not complied with the law to send you W2s by 1/31 he can be fined by the IRS. So I would have your attorney send him a more strongly worded letter stating they will report it ti the IRS if the W2s are not received within a week.

[AK lawyer]

Assuming OP is anxious to file his or her taxes as soon as possible, and assuming OP has some record of the amounts received and withheld during 2013 (pay stubs, etc.), I would file using the best estimate of the income and withholdings. Plan on amending the return later, if necessary.

[russharv63]

My wife got a Virginia workers compensation lawyer because her former employer would not file her workers compensation claim. My wife had to file it. Long story short her lawyer settled the case for $47,500. In the settlement part of the money was for my wife's "lost wages." Since my wife got her "lost wages" in the Virginia workers compensation settlement can she now file a Virginia code 65.2-308 lawsuit against her former employer for "lost wages" also? Can she get her "lost wages" again since she already got them in the Virginia workers compensation settlement?

[talaniman]

I seriously doubt it. I have little doubt the lawyer used this law as a basis for his case and it's already been adjudicated.

[ma0641]

Actually that would be considered fraud. And with that much money, Felony fraud for sure.