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Lawyer familiar with EU law needed (to sue my employer in Poland)


EU_citizen
19 Nov 2018  #1
I am a EU citizen working in Poland and I need a lawyer to sue my Polish employer. They represent a big USA based corporation in Poland.

I want to take the case to European Court of Human Rights - Council of Europe and accuse them for racism.
Atch 17 | 2,843
19 Nov 2018  #2
You can't file a case with the European Court of Human Rights against a private, commercial entity.
Crow 137 | 7,595
19 Nov 2018  #3
I hope you aren`t French or a German that is exploited by Poles. If so, shame on Poles.
OP EU_citizen
19 Nov 2018  #4
@Atch
You can't file a case with the European Court of Human Rights against a private, commercial entity.

Personally I am convinced I can file a case against SOMEONE/SOMETHING if not ANYONE involved in the case, individual, commercial entity, Polish court/government if they reject my case etc. If not against the commercial entity I will sue my manager and the CEO personally.

Interfering in my personal life, restricting my freedom of though and my freedom of expression in a "professional environment", making racist comments for my ethnicity or my non Polish background, of course as a joke ( ha-ha-ha :) leading me in dependence of psychiatric drugs subscribed by local doctors etc I personally think that is exactly the case that human rights are violated and the EU court would LOVE to listen about.

Who I can sue and where is a different story. Concluding this is why I am asking a lawyer that can help me out with these procedural details.

Anyone interested or aware of a lawyer familiar with EU law please?
terri 1 | 1,620
19 Nov 2018  #5
Before you can sue in the EU Court of Human Rights, you have to sue through all the Courts in the country, go through all the Appeal Courts and any Court that the country has. That is the basis of suing in the EU Court of Human Rights.
Lyzko 22 | 6,538
19 Nov 2018  #6
Technically, at least in the US, certain institutions may be immune from suit under the law. As I'm not familiar with either EU regulations or your

particular situation, I suggest a Polish-speaking attorney or someone conversant with Polish labor law as well.

Sorry I can't be of more help.
OP EU_citizen
19 Nov 2018  #7
@terri
Before you can sue in the EU Court of Human Rights, you have to sue through all the Courts in the country, go through all the Appeal Courts and any Court that the country has. That is the basis of suing in the EU Court of Human Rights.

This is what I explained in the beginning of my second message. That I can sue anyone even the Polish Court in case they will exculpate them. My intention is not to sue the Polish court after rejecting my case and this is not the purpose of EU court anyway. It is not a Court of Appeal of National Courts. It can be used in case you "run out of courts" in the country if you want but is not a Court of Appeal.

I am saying that this is violation of the principles of EU, neither Polish law, nor German law, nor Portuguese law. The whole world is not rotating around Poland.

And just to make my intentions totally clear I am trying to explain that I want to reach the case in EU court because, I am sorry for this but, I do not trust or believe that the Polish Court is fully aligned with the EU principles and interprets human rights, racism etc in the EU way.

Please leave the thread clear and do not write unless you are not a lawyer ready to take the case or willing to offer some legal advice.
cms neuf - | 907
19 Nov 2018  #8
So if you want a real lawyer then use google or a guidebook like Chambers which lists lawyers by speciality. Rather that than be rude to people who try abd help you
OP EU_citizen
19 Nov 2018  #9
You do not know what is rude.
I am qualified enough to do it but I am failing online. Can you please do it for me "Messiah"?

As I said please keep the thread clear, some lawyer may read this. I am not here for a discussion like "why the foreigner is angry? where he came from? where he works? what he thinks of Poland? What he thinks of Polish girls and vudka? Is he a racist? No he is not a racist! Yes he is a racist! Did anyone ever told him To jest Polska k@rw3? How long he lives here"? What he thinks about nightlife in the Baltic sea etc. I do not want to make the tread a point of Polish Patriotism against an arrogant foreigner that thinks he is more clever than us or whatever...

We are speaking about human rights and my right to sue whom I believe has violated them.

I need legal advice by a professional or by someone that know that lawyer A specializes in that area and can help you.

Thank you in advance.
mafketis 20 | 7,177
19 Nov 2018  #10
human rights and my right to sue whom I believe has violated them

This forum is a very inappropriate place to ask for that information for reasons which you've just given.

My advice (worth very little) is to try to find a human rights organization in Warsaw like the Helsinki Foundation, they probably have experience in knowing where to send people

hfhr.pl/en
Rich Mazur 4 | 3,198
19 Nov 2018  #11
How much would you want if successful? Or are you trying to sue only for an injunction? BTW, suing is expensive, so who do you think is going to pay for it? What if you lose? I heard that in Europe loser plaintiff pays the defendant's legal fees.
Atch 17 | 2,843
19 Nov 2018  #12
that human rights are violated and the EU court would LOVE to listen about.

You can only sue a state body of an EU country through the European Court of Human Rights. You cannot sue an individual or a company.
OP EU_citizen
19 Nov 2018  #13
You can only sue a state body of an EU country through the European Court of Human Rights. You cannot sue an individual or a company.

So on the first place I have to sue them in the Polish Court. If the Polish Court and the Court of Appeal will reject my accusations then I have to sue Poland to the European Court of Human Rights. This your point and that's the logic sequence of all these right?
Rich Mazur 4 | 3,198
19 Nov 2018  #14
Who was the violator and what rights of yours were violated? Can't you just spit it out?
delphiandomine 83 | 17,626
19 Nov 2018  #15
Please leave the thread clear and do not write unless you are not a lawyer ready to take the case or willing to offer some legal advice.

You need to take your case through the Polish courts first. You'll want to make an application to the Sąd Pracy (labour court), which has jurisdiction over employment matters.

You can submit an application by yourself, you don't need a lawyer. Fees depend on what you're asking for, but the good thing about the labour court is that you're only responsible for your own legal fees, not the fees of the defendant.

Prepare a good case, provide as much relevant evidence as possible, include witnesses and the case will proceed from there.
OP EU_citizen
19 Nov 2018  #16
Who was the violator and what rights of yours were violated? Can't you just spit it out?

No, unless you are a lawyer and you would like me to pay a visit in your office and compensate you accordingly.
delphiandomine 83 | 17,626
19 Nov 2018  #17
The other thing - labour courts are "user-friendly" - they know and understand that individuals aren't legal experts, so judges will help you with the progression of the case. You just need to be prepared, that's all - you can ask the judge to give you a quick overview of court procedure, too. The trial will be conducted in English, but a sworn translator will be provided if needed.
mafketis 20 | 7,177
19 Nov 2018  #18
The trial will be conducted in English

you mean Polish, surely
delphiandomine 83 | 17,626
19 Nov 2018  #19
Ugh, yes, in Polish obviously.

Judges in labour courts are known for being pro-employee, so there's nothing to fear from them. The important thing is to have the case well prepared, preferably illustrated with examples from the Supreme Court which are technically non-binding, but in practice, judges wiill obey them if there's no reason not to.
Rich Mazur 4 | 3,198
19 Nov 2018  #20
No, unless you are a lawyer and you would like me to pay a visit in your office and compensate you accordingly.

Hey, genius, how the hell is anybody here going to advise you if your "case" is a mystery? Getting a ticket for jaywalking is not a violation of your civil rights. Unless you are black and can show that whites are exempt. Got it?

That was pro bono.
OP EU_citizen
19 Nov 2018  #21
delphiandomine and atch
Thanks for the feedback so far.

@Rich Mazur
This is exactly the type of discussion I want to avoid. Can you please change thread to the "World of Warcraft" One?
Rich Mazur 4 | 3,198
19 Nov 2018  #22
I want a lawyer for my case. What's your case? I am not telling. Brilliant.
Lyzko 22 | 6,538
19 Nov 2018  #23
O P E U_citizen,

Don't wish to appear obstinate or anything, but is there any governmental or military organization involved in your suit at the present time? I ask only because I believe legal redress from such an institution would be next to impossible, much less collecting any financial reward or compensation for same.
OP EU_citizen
19 Nov 2018  #24
Lysko, no there is no governmental or military organization involved at all.
Lyzko 22 | 6,538
19 Nov 2018  #25
I see. May I further inquire as to of which country you're an EU citizen? It could be important in that, as far as I've been informed, NOT all EU-member states are subject to the same civil or criminal laws.

Perhaps I'm mistaken.

Knew of a case though several years prior concerning a German national embroiled in a suit concerning the branch office of a Czech firm in Berlin, rather than in the company's home office in the Czech Rep. Finally, she won the suit (similar in description to your own), but it took up to one year hence.
Rich Mazur 4 | 3,198
19 Nov 2018  #26
Is this going to be a 20 questions game?
Lyzko 22 | 6,538
19 Nov 2018  #27
Sure hope not, Rich.
Rich Mazur 4 | 3,198
19 Nov 2018  #28
In the future, you and I can be a good cop and a bad cop.
Your patience is amazing. I ran out of mine long time ago.
Lyzko 22 | 6,538
19 Nov 2018  #29
:-) Just take it slow, Rich.

Love it when folks post that they're European nationals and like to tease us by not revealing their nationality! What are they hiding is what I'd like to know:-)
Spike31 2 | 860
19 Nov 2018  #30
I am a EU citizen working in Poland

There's no such thing as "EU citizen". EU is not a country. So you can say that you are a citizen of a country which currently 'belongs' to the EU.

making racist comments for my ethnicity or my non Polish background, of course as a joke

I'm Polish and I'm temporarily living in London. At my office we tend to make fun of each others accents and so far nobody has filed the case against their coworkers because of "racism". So stop being such a special snowflake and grow a pair.


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