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About Edward Martinovich, Esq.
Expertise
Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me" I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.

Experience
I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.

Education/Credentials
I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > employment law

Criminal Law - employment law


Expert: Edward Martinovich, Esq. - 11/18/2006

Question
I was fired a year ago from a Native American Casino and due to following the chain of command making complaints I was let go. I have contacted the Labor Commission and received a letter for a right to sue. This tribe of mine is a sovereignty nation. But I had a learning disability and told hire management and they would not assist me with any required test, oral testing. One of the staff said it wouldn't be fair to the others. I know I can't sue the tribe but could I sue all people involved individually?

Answer
Melissa:
I'm not an expert on the sovereignity of Indian Tribes, but I believe that if you have a right to sue letter (I assume from the EEOC), that clears the way for a lawsuit.  My opinion would be that even if you're right and you cannot sue the tribe, the Casino must be in some sort of corporate form that can be sued, like a corporation, and LLC or whatever.  They cannot be immune from suit.
You really need to contact an attorney that specializes in these types of affairs

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