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Hi. Can you raise a fed tort claim without going to eeo?

Atlanta, GA |

I filed a tort charging for intentional infliction and negligent infliction of emotional injury based on retaliation by my agency for protected activity (filing an EEO complaint against them 4 yrs ago) recently. The agency is now trying to dismiss my other claims, one of which we just had an administrative (internal) hearing on because I mentioned in my fed tort (as part of foundational information) one workplace event that was the subject of one of my EEO complaints. Since EEO is internal and a fed tort is external, don't I have a right to file both, since EEO does not have jurisdiction over intentional infliction of emotional injury (IIEI) or negligent infliction of emotional injury (NIEI)?

Attorney Answers 5


  1. It's impossible to answer your questions in this forum. No offense intended, but you're way out of your league proceeding (it appears) without counsel in fields of law (employment and federal tort claims) that are very tricky even when you have the benefit of experienced counsel.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-668-3790 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at don@HawbakerLaw.) An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated my Law Office as a debt relief agency that can help people file bankruptcy.


  2. I could be mistaken, but it wouldn't need to be a Federal Case, unless your employer is a governmental entity. Of course, you can file anything you want in Federal Court so long as you meet certain jurisdictional requirements (amount in controversy over a certain amount and the Plaintiff and Defendant live in different states; or your case raises a Federal Question of Federal Law). Federal Court might not be your best route (again assuming you work for a private entity). Your claims are of the type could POSSIBLY be brought in a State Court. It is possible that if one of your claims is currently being heard and considered in a EEO setting, that claim may be issue barred and you'll be prevented from raising it in your Federal NIED and IIED case.

    You should consult with an attorney experienced in Federal Civil Practice and an attorney experienced in Employment law and EEOC claims. By consult, I mean sit down and talk and lay everything out - not relying solely on Avvo. You need a lawyer.


  3. Please tell me you have counsel to advance this claim.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  4. I agree with the other atty. responses. You really need an experienced employment law litigation attorney to handle this for you as you have very complex issues which are too detailed for a forum such as Avvo.

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.


  5. Without a local attorney, this would be a tough road to hoe.

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