A commonly misunderstood and confusing part of employment law litigation for employees who feel they have been discriminated against in Wisconsin is whether to file their claim with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC). While both entities were created to allow people to file discrimination complaints, there are very big differences between the two agencies that people ought to be aware of before filing their discrimination claims. Equal Rights Division The ERD is a state-level administrative agency under the Wisconsin Department of Workforce Development that processes and handles employment discrimination claims filed under the Wisconsin Fair Employment Act (WFEA). The ERD does not deal with federal laws like the Americans with Disabilities Act (ADA or Title VII, but the WFEA covers disability and race discrimination claims, among other things. The difference with filing a claim with the ERD is that it tends to be a faster process but the downside, now, is that claimants are limited in the damages (money) they can be awarded if they prevail. As discussed in a previous blog post, Wisconsin is very close to repealing the law enacted to allow prevailing claimants to be awarded punitive and compensatory damages, which are available under federal laws. Thus, prevailing claimants who file claims with the ERD are limited to what is known as a "make-whole remedy." The other important differences with filing a claim with the ERD is that there is no filing fee, it's easier and simpler to file a claim as they are not subject to a motion to dismiss and the ERD recently began offering a mediation service that is free of charge handled by ERD administrative law judges. People who feel discriminated on the basis of their arrest and conviction record or sexual orientation must file their claim with the ERD as there is currently no federal law that protects against this type of discrimination. Equal Employment Opportunity Commission The EEOC is the federal agency that processes claims filed under federal laws like the ADA, ADEA, Title VII, EPAand GINA. While the EEOC is an excellent agency, it often takes claims much longer to be investigated and processed and more often than not, the EEOC does not prosecute claims and issues charging parties a " Right to Sue" letter, which gives charging parties 90 days to file suit in federal court on their own with the assistance of a private attorney, if they choose and can afford one, or forever have their claim dismissed. Once a charging party receives a Right to Sue letter, they have to pay a filing fee, serve the defendant and then follow the Federal Rules of Civil Procedure which are quite onerous. One of the major advantages to pursuing claims under federal law is the ability to pursue compensatory and punitive damages--that is, a successful plaintiff is eligible to receive a lot more money if they prevail. People who feel they have been discriminated against in their employment are encouraged to discuss their case and options with a local employment law attorney prior to filing their claims, even if they feel they cannot afford an attorney.
In 2006 I co-signed for my brothers student loan, ONE loan.
Sallie Mae uses electronic signatures via email instead of live signatures.
I found out recently that a SECOND loan (earlier, 2005) was signed without my knowledge. It has my name/social/etc but my mothers phone # and email address under co-signer info. Also has incorrect income, lack of employment info, etc.
I submitted requests to 3 credit bureaus to validate the debt. So far Equifax came back and said its valid because Sallie Mae said it was.
QUESTION:
1. is there a statute of limitations for suing to get my name off of the loan I had no knowledge of?
2. on what grounds would I even be able to file a complaint?
Thank you
Enlist into Military after filing Bankruptcy
Hi, I am 32 hrs old unemployed and
would like to file for Bankruptcy. But
what I really wanted to know, can I
still enlist into the military and purse
law enforcement carreer eventhough I
had to file for bankruptcy? Before my
finical situation went down hill I had
excellent credit. Know that I am
unemployeed and have 150,000.00 in
combine credit card and medical bills I
have no choice but to file for
Bankruptcy.
Please advise,
thank you
--name removed--Johnson
Last parent dying
My father is dying in NJ at age 84. Ricci & Diva have been responsible for his care. Frank & Marcia were cut out of the last will but have since reconciled with Dad. There are 5 of us children. Ricci has POA and will not provide an accounting of Dad's expenses, including my cousin Angie's $5000 loan to Dad. I want to see an accounting of the expenses since I do not trust Ricci & Diva. I would also like to challenge the will to share the estate among all 5 of us. I believe that Angie coerced dad to change the will at the same time that she talked him into the loan. None of us kids were involved in changing the will. My dad had been living in neglect and I feel he is being used for his money. How do I proceed? Thank you,--name removed--Peak