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Employment discrimination suit

New York, NY |

I filed lawsuit against former employer for discrimination and breach of contract. My former employer failed to file timely answer. Now I want to seek default judgement. However, in the complaint I didn't ask for a certain sum. Can the court help to determine the amount to be awarded for default judgement or you have to have stated the exact amount in the complaint? Also, can a judge order default judgement in a case whereby the complaint seeks non-monetary relief as well, such as requiring the former employer to provide adequate training for employees and management, including racial tolerance in the workplace? Would the fact that a plaintiff also seeks non-monetary relief prevent the court from being able to enter a default judgement? Is there any lawyer that specialize in such cases?

Attorney Answers 3


  1. It would be easier to answer your questions with more details about the lawsuit, employer, claims, etc.

    Answers to questions posted on the AVVO website as well as content contained on The Sanders Firm, P.C., website is intended for informational purposes only. Nothing in such answers or the content contained on The Sanders Firm, P.C., website is to be considered as either creating an Attorney-Client relationship between the reader and The Sanders Firm, P.C., or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such legal advice in consultation with a licensed Attorney.


  2. It would be worth it for you to schedule a consultation with an employment lawyer who handles discrimination. If you are in federal court, ask if there is a pro se clerk who may be able to offer advice.


  3. You should seek representation. Generally, when a Defendant goes into Default, there is a window during which they can open as a matter of right. If they fail, a default is entered. As a result of the default, the Defendant has admitted the plead factual allegations of the Complaint. If the Complaint was properly plead, the Defendant likely admitted liability to your claims. Once a default judgment is entered, Defendant may move to open, but assuming they do not do that, a damages hearing will be scheduled at which time you will be expected to present evidence to prove your alleged damages.

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