I went to human rights when i was terminated from my job.the advise they gave me was that my case was based on my sex and age so

Asked over 1 year ago - Chicago, IL

i asked for a dismissal to go to the federal court .because my time was running out. The defendents asked for a summary judgment and my case was dismissed. i felt like human rights lead me down the wrong path. can i sue human rights for giving me the wrong information?

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  1. John Reid Malkinson

    Contributor Level 10

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    Answered . I assume from your question that you handled the federal claim on your own. I expect that is where the loss came in. The Department of Human Rights did not prepare the written and/or oral arguments on the defendant's summary judgment motion. Summary Judgment in federal court is a key stage of litigation with a host of very exacting rules. Successfully handling a summary judgment motion that without an attorney who know s the requisites to win is almost impossible for any layperson.

    My suggestion to all in that position: hire an employment law attorney who will help you draft your Human Rights or EEOC charges and handle your case. Most will do that on a contingent basis, only being paid if you succeed. But as your situation seems to illustrate, better to be represented than not.

    John Malkinson/ Malkinson & Halpern, P.C.

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  2. Charles Shinkle Watson

    Contributor Level 15

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    Answered . In the first instance, there is nothing in your question that indicates that human rights let you down the wrong path. Furthermore, suing a state agency is very difficult to do, and based on what you have in your question, I see no cause of action.

    There may be something that can be done to repair the situation – although I doubt it – and you should probably consult with an employment attorney.

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  3. Judy A. Goldstein

    Contributor Level 20

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    Answered . No, you cannot sue them. You should have retained counsel for your underlying case. Perhaps you still can but suing HR does not solve your problem and is probably not possible in any event.

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