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HOW DO I SUPOENA A UNION STEWARD WHO REFUSES TO TESTIFY AND HAS IMPACTING DATA AND IS SCARED OF RETALATION FROM THE COMPANY

Fayetteville, NC |

A UNION STEWARD WAS IN THE ROOM WHEN I WAS ACCUSED OF MAKING A THREAT AND KNOWS THE SUPERVISOR LIED AND CORERCED ME AND DECEIVED ME INTO ANSWERING A HYPOTHTICAL THREATNING QUESTION HE KNEW WAS FAKE AND THE ANSWER WAS USED TO CAUSE MY TERMINATION AND THE UNION STEWARD FEARS RETALATION FROM THE COMPANY IF HE TELLS THE TRUTH AND KNEW MY ANSWERS WERE NOT REAL AS THE SUPERVISOR STATED TO ME HE KNEW IT WAS MAKEBELIVE AND REJECTED MY ANSWER 15 TIMES AND WHEN I GAVE A ANSWER I WOULD DEFEND MYSELF HE ACCUSED ME OF MAKING A THREAT AND THE UNION STEWARD KNOWS I WAS ONLY STATING IF MY LIFE WAS IN DANGER WHICH THE SUPERVISOR WITHELD AND OMITTED ASKING ME THE QUESTIONS , I WANT TO SUPOENA THE UNION STEWARD AS A HOSTIOL WITNESS WE ARE IN FEDERAL COURT AT DISCOVERY

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Attorney answers 2

Posted

Look at Rule 45 here: http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf Also check the court's web site for local rules.

Your best bet is to go to a law library and ask the research librarian to direct you to materials on subpoenaing witnesses. The librarian will not do your research for you and will not tell you how to do it, but should be able to point you in the right direction to find this information.

But . . . why don't you have an attorney? If your case has merit, you should be able to find representation. Without an attorney you are severely disadvantaged. If you are having trouble finding an attorney for your case, there are several possibilities:

-- you are not looking in the right place for the right kind of attorney;
-- your case does not have as much value as you think; or
-- you are not presenting your case in a way that makes sense to the attorneys (note my suggestions below).

Employment attorneys want certain information right up front: the name of the defendant, the name of the employee; if the employee was fired (or denied reasonable accommodation, or laid off, or whatever the issue is, in five words or less); the date this happened; the reason the employer gave for whatever happened; how long the employee worked for the defendant; what job the employee did; how much the employee made; and any deadline.

Good luck!

@MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. * * * Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and must not be taken as legal advice. Legal advice must pertain to specific, detailed facts which are impossible to gather on a public web site like Avvo. * * * No attorney-client relationship is created based on this information exchange. * * *

Posted

Ms. Spencer gave you very good answer. Keep in mind that employment lawsuits are easy file but HARD to win, especially in the 4th circuit.

If you don't mind, what are your legal claims? The legal claims to sue an employer are very limited and must be pled specifically. If you miss something early in the case, it will doom you later on.

Also, what most people don't realize is that while your former employer will have to pay its own attorney fees in most cases, they can submit a bill of costs in which the Court can charge to you. This will be any expenses they incurred to defend the case such as deposition transcripts and witness fees. Keep in mind that the transcript for a single deposition can run in the $700 to $1,500 range alone depending on the amount of testimony and exhibits.

As for your question, what you need to do is schedule a deposition of this person. Be aware, that this person may lie and there is not much you can do as the deposition will not be made in the presence of the Judge. You might want to consider not deposing the witness as you might be stuck with those answers I Court.

Also, having a witness declared hostile sounds like a neat trick, but it is more difficult than I sounds and is automatic. You have to make a big showing to the Judge that the person is intentionally lying or uncooperative. Your statements/testimony alone will not be sufficient. I know you don't want to hear this, but to have the witness declared as hostile, you will need an attorney.

Asker

Posted

I was fradulenty accused of making a threat ,supervisor asked questions of hypithitical situation and presented my answer as a threat and then denied asking it,union steward wants no part of it,refuses to speak,I had multiple claims against company,I was in good standing before this making ,65000 a year,been working ,7 years,

Kenneth Love Jr.

Kenneth Love Jr.

Posted

What legal claims did you plead? So far it seems you are saying your jerk boss pulled a trap move and conned you into saying something he tried to say was a threat. Unfortunately, on those facts alone I don't see an actionable legal claim. What legal claims did you plead in your complaint?

Asker

Posted

discrimination,retalation,disparate treatment,violations of title vii,american disabability act ,violations of public policy,,corercion ,unfair employment practices ,osha whistleblower violations

Kenneth Love Jr.

Kenneth Love Jr.

Posted

Ok, looks like you got a complaint that covers many different claims and a few that aren't really recognized in the 4th. Make sure you support the elements of each claim and make sure that in discovery you get evidence out that supports them. For instance for discrimination, you have to show you were fired because of your race, gender, religion, national origin, disability, or familial status. The evidence in discovery will have to show that you were treated differently solely because of your membership in one of those classes. Since you cited the ADA, make sure you get evidence of your disability in and that they knew of your disability. As for the whistle blower claim, make sure you can show evidence that you were fired because you complained to OSHA about safety violations. I am not sure about the coercion, public policy, and unfair employment practices claims.

Asker

Posted

my dr sent 5 hcp statements since 2010 stating I was diabetic and THEY claimed they still had no knowledge after acceptin. it,osha fined them twice because of my reports to osha,I had a workers comp hearing scheduled 6 days before my termination,I was falsely accused mulyiple timed intentionally by hr and union proved it ,I filed sexual harassment claims and was retaliated on and fired because hr ignored all my claims and reversed the claim and said I threatened a coworker who stallked and touched me and hr said no action was warranted after 5 -claims I made

Asker

Posted

I HAVE COPIES OF HCP ORIGINAL AND STATEMENT FROM MY DOCTOR STAING HE SENT 5 COPIES AND NONE WERE REJECTED OR INCOMPLEATE , I HAVE INDUSTRIAL COMISSION CLAIM WHICH I WON, AND UNEMPLOYMENT HEARING STATEMENT WHICH I WON, AND ORIGINAL COMPLAINT OF FINES OSHA IMPOSED TWICE FOR SERIOUS SAFETY VIOLATIONS ,AND RECORDS OF FMLA DENIAL BY MEDICAL ADMINISTARTOR WHO STATED SHE HAD NO RECORD I WAS DIABETIC ON 5 DIFFERENT EVENTS OVER 3 YEARS ,I COMPLAINE DABOUT HARASSMENT TO MY SUPERVISOR WHO NOW DENIES I MADE CLAIMS , I ALSO COMPLAINED TO UNION PRESIDENT WHO TALKED TO COWORKER WHO ADMITTED ACTIONS ,MY PAY WAS DELIBERATLY WITHHELD WHILE IW AS OUT ON SHORT TERM DISABALITY FOR AHEART ATTACK CAUSED BT FALSE ACCUSATION I MADE A THREAT WHICH WAS RETRACTED , MEDICAL ADMINISTRATOR WITHHELD MY DISABALITY PAY AND DEMANDED I RETURN BACK TO WORK , WORKERS COMP LAWYER HAD TO CALL NEWYORK TO GET MY PAY TWICE AND I CALLED TWICE EACH PAYDAY MY CHECK WAS DELIBERATLY WITHHELD ,I AM BLACK AND THIS COMPANY MAKES 7 BILLIONA YEAR AND I AM THE ONLY PERSON WHO EVER WONA CLAIM AGAINST THEM IN 2009 THEY PLACED FRADULENT DATA IN MY PERSONELL FILE AND NLEB FOUND IT AND THEY ADMITTED DOING IT AND PAID ME AND GAVE ME A LETTER OF APPOLOGY AND PROMISED TO ERRASE RECORD AND NEVER USE IT AGAINST ME BUT THEY DID IN 2013, I CANT GET A LAWYER BECASUE WE ARE ALREADY IN DISCOVERY AND NO ONE WILL TAKE THE CAASE ON A CONTENMGENCY BASIS BUT ALL SAY I HAVE A GREAT CASE, I DONT KNOW WHO I AMSUPPOSE TO SEND MY EVIDENCE TO THE DEFENDANTS OR THE COURT CLERK

Kenneth Love Jr.

Kenneth Love Jr.

Posted

Defendants...the Court does not accept any evidence or discovery materials. Just make sure for each claim you have, you write down the elements (what you need to prove to win the claim). From there, make sure you get evidence through depositions, affidavits (including your own), interrogatories, and production of documents. They WILL depose you, so make sure you get a manual or a video on how to prepare for a deposition. Expect that they will file for summary judgment right after discovery is finished. This is where they will try to show the court that one, some, or all of your claims must be dismissed. You need to make sure you get evidence that you can cite to in a written reply that supports each element of every claim. Also, I assume you are in the Eastern District Federal Court. Speak to the clerk or look on the website for the pro se guide to make sure you follow all of the rules on filing your response and exhibits when the time comes.

Asker

Posted

i was fired becasue my supervisor lied on me and said i made a threat when he asked me hypotetical questions nand omitted my true answers and said i mad a threat ib retalation for my many protected activities claims i had at the time and i filed a appeal of judges decesion when judge said he could not understand what i meant in my case i was pro se and need help with my four issues of retalation , discrimination , disabality and workers compensation violation in my appeal which is set for july 27 2015

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