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About DG5353

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  1. thats why I quoted this case: https://casetext.com/case/hess-v-b-b-plastics-div-of-metal-cladding-inc it appears to state that the case can be referred as a federal question, but what I am trying to clarify is if I have to exhaust administrative procedures first. That portion I do not see a clear answer on.
  2. is brought pursuant to under § 301 of the LMRA, 29 U.S.C. § 185 (1994)
  3. no, i am asking questions in regards to a hybrid claim.
  4. @RetiredinVA, your looking to have a disagreement and im clearly not. im looking for advise. if you are willing to help I would appreciate it but im not looking for a disagreement, im just looking to clarify a interpretation.
  5. @doucar, that last response was not directed at you. https://img.nyed.uscourts.gov/files/forms/ShouldYouFile.pdf the pleading is against a union for discrimination based on a state law violation and should be completely preempted by a § 301 "hybrid" action. https://casetext.com/case/hess-v-b-b-plastics-div-of-metal-cladding-inc What I am trying to determine also is if I a filing with New York Human rights is it a necessary prerequisite to file and exhaust or could that also be preempted.
  6. clearly ive researched the matter and I came to the forum to get clarification on my interpretation. Surely im not the first person to ask for clarification on a interpretation. It appears it does not require a prerequisite and I was looking for clarification
  7. thanks, I really wasn't looking for a sarcastic remark. I was asking a question. I wanted clarification to a question as I am not a attorney. If you dont want to respond with anything constructive please keep your comments to yourself. I didn't come on this forum to attack anyone or get into negative dialogue.
  8. im not trying to file a complaint, i am file a pleading in federal court and I am trying to determine if there is a prerequisite.
  9. Under New York State Human Rights Law, is there any prerequisites required like a right to sue letter like required when filing for Title VII Civil Rights Claims. Can you file directly without any prerequisites?
  10. I generally expected that someone would state that. I am looking for a second opinion on a few matters. I'll try to break my questions up into post directed at the exact issue.
  11. Looking for someone to review a amended pleading filed under the Lmrda and Human Rights. I am filing pro se and I am looking for advice on if the pleading is filed properly. If you are unable to help thank you for your time. Any help would be much appreciated. Thank you in advance.
  12. the claim was supposed to be filed under title 1 as I was waiting to exhaust internal procedures before filing. The pleading was filed incorrectly, it was always a issue that fell under title 1 bill of rights but the pleading was filed incorrectly. I had someone originally write my pleading by the pleading was fatally flawed. I am amending to file the claims under the proper title. Are you saying that I cannot do that with a amended complaint? to @doucar They do not have offices in New Jersey, only in New York.
  13. I apologize, I am new to this site and that was a mistake not including that. I want to sue for slander because the party during a membership meeting made many false statements including I am stupid, I file claims that always amount to nothing when in fact I had a illegal suspension overturned when I was working on the executive board of this same union. I am currently not on the executive board. They made many of these statements in anger because they were pissed I filed a title Vii discrimination claim against them. I am amending the claims to title 1 because one I did not file my pleading within the time frame after my right to sue letter and many of my claims fall under the lmrda members bill of rights. I am amending because we are trying to prepare our joint case management and they filed a pre-motion to dismiss address the defects in my claims. To fix my defects I am amending my pleading for the first time. I wanted to include this recent incident into the amended pleading. Thank you for your time.
  14. I am currently amending a complaint in Federal Court and I would like to include a slander claim. I want to include the slander claim. I have read up that: "You cannot file in federal court unless you are a resident of a different state than where the business is located. This is known as diversity jurisdiction. Because there is no federal question/federal law (defamation is a state cause of action), the only way you could get in federal court is if you and the employer are from different states and your claim is for more than $75000." I live in New Jersey, work in New Jersey but the people I am suing is the labor union that committed the slander. They are located in New York city. Can I sue them in federal court and if I can, under what law. Thank you for any help in advance.
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