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Employment discrimination suit

New York, NY |

I filed lawsuit against former employer for discrimination and breach of contract. My former employer failed to file timely answer. Now I want to seek default judgement. However, in the complaint I didn't ask for a certain sum. Can the court help to determine the amount to be awarded for default judgement or you have to have stated the exact amount in the complaint? Also, can a judge order default judgement in a case whereby the complaint seeks non-monetary relief as well, such as requiring the former employer to provide adequate training for employees and management, including racial tolerance in the workplace? Would the fact that a plaintiff also seeks non-monetary relief prevent the court from being able to enter a default judgement? Is there any lawyer that specialize in such cases?

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Attorney answers 3


It would be easier to answer your questions with more details about the lawsuit, employer, claims, etc.

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It would be worth it for you to schedule a consultation with an employment lawyer who handles discrimination. If you are in federal court, ask if there is a pro se clerk who may be able to offer advice.


You should seek representation. Generally, when a Defendant goes into Default, there is a window during which they can open as a matter of right. If they fail, a default is entered. As a result of the default, the Defendant has admitted the plead factual allegations of the Complaint. If the Complaint was properly plead, the Defendant likely admitted liability to your claims. Once a default judgment is entered, Defendant may move to open, but assuming they do not do that, a damages hearing will be scheduled at which time you will be expected to present evidence to prove your alleged damages.

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