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Asker
Posted over 1 year ago.

the thing is that i am pro se and i thought the judge was goingto ask me for this information and she didnt. i didnt know when or what i needed to send in. in fact the magistrate judge orderd that i didnt need to disclose mental health records unless a claim which permitted the recovery of compensatoy damage for emotional distress survivesa motion for summary judgment. i think that could be what he stated. so my case got dismissed. the y didnt tell me they need this info to determine my request for a tolling. in fact i stated i was legally mentally disabled in my complaint and thought that was all i neededto do unless they asked me for more information r medical treatment. now i am stating tha in my motion for reconsideration. what do u haveto say about this?

Joseph Gerard Dell
Joseph Gerard Dell, Personal Injury Lawyer - Garden City, NY
Posted over 1 year ago.

I wasn't aware that they had already issued an order dismissing your complaint. In order to prevail on the claim that a mental illness prevented you from understanding that you had a potential case, and that therefore the time limit to file ran out you need to establish that mental incapacity with medical proof in an admissible form. In your motion to renew and re-argue you need to provide the admissible medical proof to establish why you should have the benefit of a toll of the statute of limitations.

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Asker
Posted over 1 year ago.

thank you for your help, also if i losyt my job because my employer didnt follow the employee handbook and i signed an at will contract what kind of claim is that?

Joseph Gerard Dell
Joseph Gerard Dell, Personal Injury Lawyer - Garden City, NY
Posted over 1 year ago.

There is no claim in New York if you are an employee at will. Unless you can prove a hostile work environment or another form of discrimination you cannot pursue a wrongful termination claim.

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Asker
Posted over 1 year ago.

i can prove that it is discrimination. but i am saying they also gave me an employee handbook and didnt follow procedure so what is that called?