If I've recieved a favorable decision from the state ADA investigater do I have a winning case

Asked over 1 year ago - Schofield, WI

I made 66,000 ayear was fired 18 months ago in Wisc.

Attorney answers (3)

  1. Nicholas C. Zales

    Contributor Level 13

    2

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    Answered . While that is a big plus it is no guarantee of winning in court. There are many variables such as which court system, state or federal, your case is in. Also important are the judge, who will rule on motions and the jury, if you get that far. Then, of course, there is the possibility of an appeal. A good lawyer will analyse your case and give you a better idea of your chances. Even then it is still an educated guess. But a favorable decision is surely better than an adverse one. So good luck!

  2. Gordon R. Leech

    Contributor Level 14

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    Answered . I agree with the points Mr. Sales makes. What it sounds like you have at this time is an initial determination from the Wisconsin Equal Rights Division that there is sufficient circumstances to believe that the employer May have violated your rights. This does not mean that you have won the case or even proven anything substantively yet. You still have to prove your claim at an evidentiary hearing, which means you have to get your evidence in at the hearing through testimony from witnesses and documents. This requires knowledge of what the elements of the claim require and the rules of evidence and procedure at the ERD. An attorney licensed in Wisconsin and that has experience handling these claims could be of value to you at this time. I recommend that you consider hiring an attorney to represent you at this time, but don't delay in hiring one because there is much work to be done before the hearing.


    Attorney Gordon Leech
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  3. Randy T. Enochs

    Contributor Level 16

    Answered . Probably not much more reason for me to chime in but what a finding of Probable Cause means, for simplicity's sake, is that you have a "case that is winning," not necessarily a "winning case." If that makes sense. It's like in criminal law when an office has probable cause to believe a crime has occurred or is occuring. Here, the investigator believes there's enough evidence to believe discrimination MAY have occured but the purpose of a hearing on the merits is to determine that for sure.

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