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)?
Estate Planning Attorney
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.
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Personal Injury Lawyer
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.
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General Practice Lawyer
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.
Personal Injury Lawyer
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.