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Old 08-30-2006, 05:27 PM
seefelr seefelr is offline
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Default Wrongful Termination/Disability Discrimination/Mediation Minnesota

My husband worked at a small cabinet shop for one day and unfortunately had a seizure on his lunch break. After speaking with the manager, he finished the day out normally. (He has a history of seizures from a previous head injury, but had not had one for a couple years - may have been stress). That evening the manager called our home and told him that he did not think the relationship was working, and that he was being let go. He did not provide a reason (employment at will).
We contacted the Dept. of Human Rights who began proceedings. We filed a complaint, they filed a response (citing termination due to embellishment of resume and interview process, along with inability to perform job functions). we responded to that with facts such as his experience for three years working in a different cabinet shop, doing the same things, and the fact that the company never contacted any of his previous employers or references. He DID NOT embellish anything at his interview or on his resume.
Now, we are going into mediation in 10 days with this previous employer. I have a couple questions:
1. Am I able to attend the mediation with him? The dept of Human Rights seems to think the previous employer has to agree to my attending with my husband. Is this correct?
2. I understand that for mediation, we do not need legal representation. For the record, I am a 2L law student and have had a couple moot mediation sessions. If I am allowed to attend, this will be my first "live" session. Regardless of being a law student, will I be able to participate in the mediation to help out my husband? He agrees that without me there, he will not be able to represent himself adequately. He lacks a formal education, and has no knowledge of the law whatsoever. He gets frustrated and stressed out when people use "big words" he cannot associate with. I am not student certified but believe I can be very useful in "representing" him.
3. My husband was contacted by a 3L student certified law student offering to represent him free of charge. He really wants me to to be there instead. Would it be a dumb move on his part to not accept their help and take me with instead?
4. Is there any preparation that needs to be done prior to this mediation that we should know about in advance?

Any and all advice is very much appreciated. Thank you in advance for any insight you might provide to us.
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Old 08-31-2006, 01:39 PM
ElleMD ElleMD is offline
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If you aren't his legal representative, they don't have to allow you to be present. That goes for anyone. One of the first lessons you should learn about law is don't represent a spouse. You are just too close to the situation to be objective and you have absolutely no experience in this matter. Why you feel you would be the best one to handle this for him I have no idea.
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