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Recent employment law questions

I am a store manager at a large retail chain, I recently

I am a store manager at a large retail chain, I recently received an hr complaint from my assistant claiming I made racist statements and they were found to not be factual. I have since been forced to continue to work along side him and recently he filed an additional complaint stating that he is being retaliated against. Which also is not factual. The employee states he does not want to be transferred and now I am being forced to continue to work with someone I don't trust and cannot form a healthy work relationship with. Now today there was an anonymous complaint that I was being mean to a different employee. I feel like my assistant is attempting to coerce other employees to turn against me and I do not feel like my rights as an employee are being protected. I don't know what to do!

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Patrick, Esq.

Doctoral Degree

 
16,758 satisfied customers
I am seriously considering filing an EEOC lawsuit, but I

I am seriously considering filing an EEOC lawsuit, but I have no experience with litigation, and I need guidance. I am also concerned that my heavily racially biased city, Savannah, GA., and its own EEOC office, may not treat me fairly, being that I am a White male.I have evidence of probable illegal racial discrimination. This evidence is largely circumstantial, but it spans a number of years, as well as very recent. The recent evidence has caused me significant harm to my career, and my health. There are silent non-African Americans working for my employer who unanimously agree that the organization is severely racially biased in favor of African Americans. Indeed, approximately 90%, by my estimation, of employees are Black, most of them female. 100% of HR consists of Black females. I have heard many stories of racial prejudice by HR, of how very qualified applicants are turned away and under-qualified applicants are consistently hired, the only other difference being the qualified applicants are non-African American, and the under-qualified are African American.Can I ask you if my situation seems to warrant an EEOC investigation? Do I need to inform my employer I intend to file such a lawsuit? Can I tell them that if they do not investigate my claims and do so fairly, that I will file such a lawsuit? What are my rights in this regard?Thank you.

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Patrick, Esq.

Doctoral Degree

 
16,758 satisfied customers
The youth director of our church is an exempt employee. He

The youth director of our church is an exempt employee. He is taking the church youth to summer camp and will be responsible for them for seven days. How should he be paid during this time? How would he be paid if he were a non-exempt employee?

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LawTalk

Attorney at Law

Juris Doctor

 
30,966 satisfied customers
I'm not sure if it an issue or not. In early 2014 I was

I'm not sure if it an issue or not. In early 2014 I was demoted a step down the career ladder. This came as a shock. I petitioned the demotion and was told it was staying as is. My manager & director agreed to review with me and advise the areas I was falling short. Meeting never happened. I got HR involved & still no resolution. This carried on into 2015.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I am in Delaware, but HQ is Florida. Mid February 2015 I was involved in a random physical assault (not related to work). I went through all my vacation and sick time and had an approved unpaid leave of absence. I ended up being separated in September 2015. Still no reason/resolution to my demotion and HR said could not discuss while on leave. It is still very upsetting & I don't know what to do.JA: Have you talked to a lawyer yet?Customer: I have not. I was just searching for information when you encountered me!JA: Anything else you think the lawyer should know?Customer: I was employed for nine years and two months at the time I was separated. I have been in recovery (physical, emotional, psychological) and am now working with Vocational Rehab and my therapist to re-enter the work force. I just can't seem to bring myself to a point where I'm not thinking of what was so egregious that I was demoted. The alternative would have been to keep me at the Senior Staff level and let me know I wasn't cutting it. I would have been reviewed again in a year instead of the usual review every two years. Hopefully this makes sense.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Patrick, Esq.

Doctoral Degree

 
16,758 satisfied customers
I am an RN and have worked Hospital Corporation in Houston

I am an RN and have worked for a Hospital Corporation in Houston for 38 years starting this year in approximately February I received two disciplinary write-ups 4 two consistent items and then I received a third right up for inefficient use of time and so I was going to be terminated butI mentioned that my charge nurse had been creating unwelcome atmosphere concerning time I needed to take off at various times under FMLA,which I have had yearly for app.6 yrs due to a chronic disability.So the HR mgr put.me on a 2 day suspension for investigation.When I returned to work is when I was terminated,although they. had given me the option to resignI did not take that option in. case I had a course of action or could receive unemployment benefits.I am 61,and will have a hard time finding another nursing joh as I had a desk job,annd those are few to be found.Thank you for your advice

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Marsha411JD

Doctoral Degree

 
18,510 satisfied customers
I have what may be a clear-cut case of my employer having

I have what may be a clear-cut case of my employer having taken gross advantage of my skills over several years, performing 2 jobs, but only being paid for one. Specifically, I work for the state of Georgia at a mental hospital. From 2012 to 2015, I was working as the Director/Research Coordinator of the Office of Research, and working as a Behavior Specialist, teacher, and counselor; but I was only ever paid for the latter...a significantly lesser paying position. The research job turned out to never have been actually created at the home office level, even though I was told it was legit, and received a formal letter from the Clinical Director affirming my appointment to the research position. In May of 2015, I was called in to a high-level meeting with HR, and my new superviors, and the clinical director, during which they informed me my research job was never properly authorized, and I was to be moved back to Behavior Specialist only, essentially amounting to a demotion. I was never compensated for my research job, even though I performed the duties of both positions at the same time. This sudden change of my position caused the canceling of a major study I was involved with, consisting of a team of IBM scientists, Cornell University, and the CIO and Assistant Deputy Commissioner of my state division... a project, that if successful, would have easily save the state millions of dollars per year, and saved lives.I recorded the entire length of the high-level meeting. During which, parties involved admitted their part, and therefore guilt. I did not inform them I recorded the meeting; but I know Georgia law allows for such recordings, as long as I was party to it.I want to file a lawsuit. I have given them ample time to resolve my concerns about this matter, and to fairly compensate me; but they have blown smoke screens, deferred to grievance policies that put my complaints in limbo, and have since May of last year tried to create an environment for me that has been so toxic as to force me to resign. I have evidence of this too.I need serious legal help, and I need it right away.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,184 satisfied customers
I filed an EEO discrimination, harassment, and retaliation

I filed an EEO discrimination, harassment, and retaliation case against my boss for retaliating against me for opposing discrimination, the discrimination was coming from the bosses husband in another dept. The retaliation and abuse of power aggravated my pre-existing conditions and I have been medically disabled by my doctors, SSDI approved and disability retirement from work is pending.The question is do I have a cause to amend my EEO cause to include constructive discharge as I could not go back to workin an abusive environment and I have been force to retire do to their inability to accommodate me?

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TJ, Esq.

Juris Doctor (JD)

 
10,088 satisfied customers
I have been employed with my company 11 years. I've had no

I have been employed with my company for over 11 years. I've had no disciplinary actions or difficulties prior to the last couple of months. My supervisor tells me there are "complaints" about my "communications skills" and that I am "borderline inappropriate". I've worked as a health care professional for over twenty years (I am an RN), and have held management positions and interacted with patients and families throughout that time, without a problem. She won't tell me who has complained or what has occurred but instead says "it's their perception and since they've never complained about anyone else, it must be true". Today I was given a written verbal warning and she said "Is it really worth it?". I have always followed the rules and have never hesitated to tell a superior if something was outside my ethics. In the midst of all this, I was asked to do something against federal regulations, which I refused to do. When that same supervisor refused to take no for an answer, i filed a "whistle blower" report with my Compliance Officer. He investigated, and someone at our corporate level intervened and redirected the activity into regulatory compliance. No matter what I've said or asked in my last two meetings with this supervisor, I come out of it feeling threatened professionally. I know she wants me to quit, and that would be the easy way to walk away with some professional dignity. Do I have other options?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,184 satisfied customers
We live in a "work at will" state. My husband has been told

We live in a "work at will" state. My husband has been told he has two options 1) Quit or 2) be demoted 2 levels but with the same salary (just not level). He has voiced his concerned about ethics within finance at his company, and my husband doesn't see eye to eye with his boss or boss's boss. However, his employee file is clean and a demotion doesn't seem legal but more of a retaliation effort of upper management. They also told him his replacement has been identified within the company. Can they legally demote him this way?

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Patrick, Esq.

Doctoral Degree

 
16,758 satisfied customers
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