Legal Question in Medical Leave in Illinois

while awaiting an answer for an abertration hearing can you file a case in civil court


Asked on 10/10/10, 10:28 am

1 Answer from Attorneys

Insufficient facts. Having said that, if this was a contractual matter and the contract specified that your sole recourse was arbitration, probably NOT. If you had the choice of either or were unsure, you probably should have filed both and asked for a "stay"; to file now may be too late. If this was your sole recourse administratively you may need to await the outcome of arbitration then you may have rights to have the case "reviewed" by the circuit court as a case of "administrative review" and if this is a federal matter, by a federal district court. If you really want a firm answer, take the situation to an attorney for a full review.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/25/10, 8:35 am


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