I have a pre-hearing conference with an ALJ regarding my discrimination, retaliation, case in June.

I have a pre-hearing conference with an ALJ regarding my discrimination, retaliation, case in June.

Just found out the company is closing its doors in 2026, however I believe that they will close sooner because this company is very deceptive. They made the decision 1/2024 to close, but decided to wait damn near 6 months to let the employees know. To back this up, I was terminated on the day I was to take FMLA on 9/14/2023. They terminated my employment on 9/13/2024 and their documentation on employee records and DWD state I was terminated on 9/14/2023.

I have filed with ERD, stated my case with the back and Forths from the company and myself. ERD made decision, "No probable cause". I appealed and now I have the pre-hearing conference in June.

I have fought up to this point without an attorney, and now I'm a bit worried about going before ALJ.

However, if I lose again, then I can reopen the case with DOL for the FMLA portion. Has anyone here been before an ALJ, and if so, what can I expect and should I get an attorney? I'm really terrified.

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3 Comments

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  1. Anonymous

    I'm sorry you're going through this but given the various laws potentially at issue (based on what you've described) as well as potential statutes of limitations issues, you may find you'll be more effective at pursuing your claims if you retain counsel. Don't be terrified. All you can do is tell the truth! Good luck!

  2. Anonymous

    Please run this by an employment attorney rather than placing it on a board where anyone can have an opinion. The laws vary from state to state, so only an attorney can help you sort this out.

  3. Anonymous

    Administrative Law judge

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