No. 19-6013

Otis A. Daniel v. T&M Protection Resources, LLC

Lower Court: Second Circuit
Docketed: 2019-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: at-will-employment civil-rights discrimination due-process employment employment-discrimination federal-antidiscrimination-laws national-origin-discrimination protected-characteristics racial-discrimination retaliation sex-discrimination sexual-orientation-discrimination workplace-harassment wrongful-termination
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Is it lawful for an employer to terminate an at-will employee for filing a harassment complaint?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (I). Is it lawful for an employer to intentionally terminate the employment of an “AT WILL” employee because he/she has filed or attempted to file a complaint of workplace harassment by a co-worker or supervisor because of his/her race, national origin, sex and/or sexual orientation (known or perceived)? (Il). Is it lawful for an employer to terminate the employment of an “AT WILL” employee for reason(s) its senior management/owner undoubtedly knows to be in large part made-up (a fabrication)? (II). Aside from the nocuous allegations that were discredited by the district court at trial in this case, is there any other factual evidences and/or statements on the record that proves my supervisor and/or T&M senior management/owner acted unlawfully? And if so, is that unlawful conduct(s) a violation of any federal antidiscrimination laws? (IV). Is it lawful for an employer who is engaged in a civil litigation in federal court against a former “At Will” employee (whether pro se or represented by counsel) to knowingly submit to the court false and/or misleadingly statements in the form of affidavits, memorandum of law and eyewitness statements (written and verbal)? (V). Is there a ruling or judgment by the lower courts in this case that can be reverse?

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-18
Waiver of right of respondent T&M Protection Resources to respond filed.
2019-10-15
Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2019.
2019-10-10
Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
2019-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2019)

Attorneys

Otis A. Daniel
Otis A. Daniel — Petitioner
Otis A. Daniel — Petitioner
T&M Protection Resources
Leonard WeintraubPaduano & Weintraub LLP, Respondent
Leonard WeintraubPaduano & Weintraub LLP, Respondent