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Case tossed for lack of facts? Don’t discard files yet

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in Employment Law,Human Resources

More and more former employees who can’t find lawyers to take their cases are filing their own lawsuits. Their pleadings are frequently long on conclusions and short on factual allegations. As a result, many lawsuits are quickly tossed out.

Don’t let that give you a false sense of security—or tempt you to toss out documents. Such a case can live on.

Recent case: When Loveada was terminated form her job with a tax collection agency, she filed a pro se lawsuit in federal court, alleging FMLA violations, disability discrimination and host of other claims.

The judge dismissed the case because Loveada hadn’t included any facts in her filing. But he also told her exactly what kind of facts she needed and gave her permission to try again. (Fresquez v. Stanislaus County, 1:13-cv 1897, ED CA, 2014)

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