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My husband forced to resign over harassment. Worked over 10

My husband forced to resign over sexual harassment. Worked over 10 years with perfect record. Worked with accuser for 5 years. Many of their conversations were off color that the accuser initiated. One day it went to far, she walked in his office faced her butt to him and said how do I look in my Mimi skirt. He got up and padded her ass, she said to him you went to far, he said I thought we were just filling around, he apologize and told her it would never happen again and the filling around needed to stop. I am very upset about the actions of my husband but I can not stop thinking he was set up. I asked but we never got the copy of the complaint, he never got to get his side of the story documented. The accuser is on work release that the GM arranged that cost my husbands department $1,200.00 a month in covering her shift. My husband wanted to put her on leave of absence. The company does have a no tolerance sexual harassment policy. Over this time period my husband did voice his option on the new direction of the company that was not well received. Is there any legal action we can take. If there is I want compensation for medical coverage and salary until he finds a new job. I would also like to sue the accuser personally.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
We work for a private school in California where we are

We work for a private school in California where we are required to take an off duty meal time no later than 5 hours from the start of our shift. unfortunately, that's when we are either setting up for lunch or feeding staff and kids. we originally all signed voluntary waivers saying that we cold take lunch after the 5 hour period. due to california law, our employer revoked the waivers. we now work 6 hour shifts, with voluntary mealtime waivers. they did keep our annual salary the same despite the reduction of hours, but it's EXTREMELY difficult to get all our work done in the reduced time frame. Is there a way to get back the 8 hour shift, with the lunch waivers? our employer never said we couldn't take a lunch, it's just the nature of our work requires us to be on the working during the time most of us would have to take our meal break.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
A part time employee is being paid a salary of $30,000 for

A part time employee is being paid a salary of $30,000 for 25 hours per week. Because her pay does not exceed $47,476, her position is classified as non-exempt and she is submitting a timesheet as documentation of her hours worked. Sometimes she works 27 or 28 hours per week as does not record any break for lunch (typically eats at her desk). Is this arrangement okay as long as her weekly pay divided by hours worked each week meets or exceeds the minimum wage ($8.25 in Illinois) and she does not work more than 40 hours per week?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,838 satisfied customers
My company hired me in June, as a full-time salaried

My company hired me in June, as a full-time salaried employee. Today, they told the employees that the company will be "shutting down" in November due to it not being a profitable month for them. I do not have vacation time accrued yet (we do not get vacation time until we have been employed for a year.) They are requiring that all employees take the month of, and in my case, without pay. Other employees are using vacation time. Is this a legal practice? No notice was given until this morning.

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
My employer doesn't acknowledge or reward work done outside

my employer doesn't acknowledge or reward work done outside the office off hoursJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: but expects itJA: Have you talked to a lawyer yet?Customer: NYJA: Anything else you think the lawyer should know?Customer: no

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
Is an employee who is considered salaried but scheduled for

Is an employee who is considered salaried but scheduled for 39 hours per week subject to the new overtime rule?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: West VirginiaJA: Have you talked to a lawyer yet?Customer: No. and this is a church with only 11 employees. Does that make a difference in complying with these rules?JA: Anything else you think the lawyer should know?Customer: No.

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Infolawyer

Attorney

Juris Doctor.

37,294 satisfied customers
I have recently had a shift in reporting structure due to a

I have recently had a shift in reporting structure due to a merger. My new manager is making me "retrain" on an electronic learning management system that i have been working in since January when she was supposed to provide the instructions for making administrative changes. I am at the top of the payscale and a Senior in the role. I feel as though I am being singled out as No ONE else is being asked to do this. She is not offering to provide the instructions for this process.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: Due to the merger, many upper management have been offered "packages" and have left the company. I feel as though they are targeting top level pay to sort of push them out to replace with younger new folks. I am 60 years old and have been with the company for close to 9 years

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ScottyMacEsq

Doctoral Degree

22,510 satisfied customers
I was the general mgr of a restaurant for the past ten years

Hello,I was the general mgr of a restaurant for the past ten yearsI was fired in June. I'm curious as to any legal recourse1. I was in charge of schedules and any and all changes had to go thru me 24/7Whether I was there or not. Between phone calls and texts I spent probably 15 hours a week , before, after work, and on my days off handling this . I was not compensated at all for my cell phone bill. I did, however, have an unlimited plan.2. In May, my supervisor hung a typed out note addressing rumors that I was being terminated. Saying it wasnt true but I was being evaluated on every shift. And that my supervisor had open discussions with me daily about any deficiencies in performance.This was placed in two different places in the restaurant for all the employees to see. Three weeks later he terminated me. Yes, I have a copy.3. A year ago, he sent me a message as part of a group text to all the Mgrs. It was a prayer for one of the guys that just got fired for stealing. He knew full well that I was an atheist and sent it to me anyway. I had had enough of him and religion in the workplace so I fired back at him in the text that I couldn't understand him believing in his imaginary friend.He said it was all about faith. I replied that faith was just believing in something without evidence. Needless to say our relationship went downhill after that4. Part of the restaurant is open air during the summer months. Every morning I had to hose the place down with bug spray. Purge3 is the brand name. Inevitably, I ended up coughing and it exacerbated my asthma. I also experienced numbness in my hands and arms.5. I developed plantar fasciitis a couple of years ago in my feet from walking up to 8 miles a day with no sitting down. When I complained about the pain he said yeah, the feet are the first things to go.Do I have a case?Thank youDale ClarkAtlanta, Ga

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Alex Esquire

Managing Attorney

Doctoral Degree

21,874 satisfied customers
My 34 year old daughter works for a Catholic school--has for

My 34 year old daughter works for a Catholic school--has for three years with outstanding job performance. She has an MA from Catholic University.The priest in charge of the school did not renew her contract and denied her a new position for which she was selected; citing a dioceses policy. When challenged, he admitted that there was no policy but that he was saying there was to protect her reputation because there were "rumors all over town" that she was having three affairs. The accusations are absurd and would be easy to disprove. One of the men he accused of having an affair with works at the school and was given a promotion as she was released. He has tried to do everything possible to try to show that the accusations were ridiculous.Then a conversation shown on a computer turned up as evidence. It is easy to show when, where, and who it came from. The evidence has been doctored, again easy to prove. In fact, the top, bottom, and sides were cut off; as was the date, time, and names. The priest said that it was turned into the school secretary anonymously. The secretary has no recollection of anyone ever turning anything to her.The priest has made unbelievable claims to my daughter about men have no control if a woman looses weight and that Catholic woman should never talk to a married man.We have filed with the EEOC. The Chairman of the School Board is encouraging parents to write letters in support of my daughter. The Superintendent, the Assistant Superintendent, and the Monsignor have urged the priest to mediate. The Bishop has been silent and the Pruest has dug in. Besides having no real evidence, the Priest did not follow any of the due process guidelines clearly spelled out in the personnel manual.The Priest tried to bully my daughter to sign a release statement. He would not even let her read it! Because she would not sign it, he withheld her last two months salary and of course kept her severance. The church lawyersnickered at us for doing all this for a very low paying position.The bullying and disgusting actions of this Priest have had a terrible effect on this young lady and her family. We do have legal counsel.Are we taking the right approach? Should we share the EEOC complaint with parents and the local newspaper? None of this makes any sense to us and we wonder if going public would force the issue.

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Samuel II

Attorney

Doctoral Degree

31,914 satisfied customers
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