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Recent employment law questions
I went on disability from a school position due to a work
I went on disability from a school position due to a work related fall injury. The injury was due to a lack a warning sign indicating that a step was present when all normally used exits were at grade. During my rehab I was given accommodations for part time work. When my position was posted for the next school year, I applied and was not given an interview citing my "disability" being reason for not being rehired....even though I finished a successful operation and therapy. The states attorney cites that the school system is not obligated to offer me back my job with numerous case laws cited. ARE THERE ANY CASE LAWS THAT DO CITE AN EMPLOYERS OBLIGATION TO REHIRE A FULLY REHABBED EMPLOYEE?
I am an R.N. who has been sent home from work on 03/09/2016
I am an R.N. who has been sent home from work on 03/09/2016 as my mngr. thought something was wrong with on the evening of 03/03/2016, that I had slurred speech/slow speech ,and was walking with a limp to my RLE, this happened to approx. 8 months ago and was cleared to return approx. 6 weeks later.So now I have gone under everything that I was asked to do and my primary M.D. and a neurologist cleared for active duty as when they examined I acting fine , I had to go see primary again on 05/31/2016 and she went to the president of human resources I called my M.D. everyday and she finally told me that I need to see a neurologist/psychiatrist , I had an appt. last wed. and he cannot find anything significantly wrong with my cognition. However he cannot clear until I take a series of 3 tests ,meanwhile I have denied short-term disability and have no income in 3 months,yesterday I got a phone call from human resources and they want to know what is taking so long I explained that I had to take a series of 3 tests and then get cleared for full and active duty ,I know FL. is a right to work state but I am beyond frustrated any advice would be greatly appreciated Thanx, lynda
I need to file a lawsuit in Federal Court, based on a claim
I need to file a lawsuit in Federal Court, based on a claim of retaliation I reported to the EEOC. I received the notice of my right to sue, and the deadline is this Friday! I am attempting to file pro se, but I have a couple of questions.I do not want to lose the right to file in Federal Court under Title VII. I would like to include my claims under the Michigan State Elliot Larsen Act under age discrimination, harassment, and hostile work environment. The deadline for filing the federal age discrimination has passed; however, I believe the state law still pertains..My question is if I add them to my federal claim, and the court does not accept these, can I still file them in state court?Will they likely dismiss my entire case because of this?If these are filed in Federal Court, and dismissed, or I lose my case, can I still file in state court? If the time limit has passed by then, am I unable to file any claims?Time limits are running out very quickly, and my claim is serious, as it is based on a very hostile work environment that rendered me disabled (diagnosed with PTSD), still unable to work.My employer is a Federal Government contractor. I worked for them for 17 years to provide administrative support services for a federal government employee. I was demoted (age discrimination -- I was 54) and replaced with a 25 year old who had 1 year experience in our office who subsequently became my supervisor. The verbal abuse and hostility led to my taking medical leave. It took me sometime to report because I was afraid of retaliation. In addition, my employer did not provide proper oversight, since they are located in Germantown, Maryland, and had not been onsite for over the last 5 years I was employed, nor did they give us performance reviews in 2 of the last years I was there. They had conflicts of interest in conducting an investigation into my claims because of this; also my supervisor (the govt employee) would have cancelled their contract if they had made a complaint.
I am a store manager women's clothing store and I am a 34
I am a store manager for a women's clothing store and I am a 34 year old gay male. Over the past 8 months I have been subjected to an inappropriate line of questions from a customer regarding my position why 8 work there and how I was allowed to work in a women's store. She made statements that I should not be there and have no right to be there. You don't belong here she said. Since the first incident I have had several run in with the lady... she stares me up and down with a disgusted look on her face. Will not respond or talk to me and just looks at me... even at the check out desk she will not allow me to ring her up or anything. This lady is obviously targeting me because I am a male and she humiliates me every time she comes in. I have partnered with my company but was wondering if I could sue this customer for violations to my civil rights under title vii...
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
8 i have a pending case in the federal court regarding a
Hi, my name is Jimmy **********8 i have a pending case in the federal court regarding a discrimination lawsuit based on national origin since 9/2012, what is the normal duration of such proceeding because everything as of 2/17/16 at summary judgement and waiting for judge's decision.
Counselor at Law
I accidentally sent an email to a recruiting company (who
Hello, I accidentally sent an email to a recruiting company (who declined my interview), which contained a erroneous legal action against the employer. This was the content of the email:************Hello,This decision was solely based on two factors:The employer (X) relied on information that was legally off-limits in making its decision, while the job requirements fitted perfectly with my qualifications.Federal, state, and even local laws prohibit employers from making job decisions based on protected characteristics such as race, sex, disability, religion, and so on (due to my name, specifically my race). Please see Title VII of the Civil Rights Act of 1964 SEC. 2000e-2 (a).Please provide thorough details why this interview was declined, failure to do that in time would result in a lawsuit via ACLU Lawyer **********.***********My question is can the employer take any legal action based on the above email?
I work at a hospital in WA. State they use outside
I work at a hospital in WA. State they use outside contractors for running their parking garage and shuttle service. the old contractor who I worked for previously and who terminated my employment recently lost their contract. I presently work in the hospital it is a union position I alerted the new contractor about a driver who waited for me and threatened me after I had alerted my then supervisor in the job with the old contractor that said driver was driving into areas forbidden for us to drive. he mentioned bringing a gun to work and keeping it in the compartment of the shuttle we drove hospital employees in. I made a police report and the police deemed the incident suspicious circumstances and said they believed it was a veiled threat. the new contractor was intending to hire this person so I went to them and presented the police report and other evidence. a document from our then employer that, said driver and myself are not allowed to be face to face without a supervisor present. the hospital HR department suspended me pending an investigation they accused me of what they said was a confrontation with the new parking company I was not violent or threatening I allowed the person I saw to copy the documents. I felt it was my moral obligation to alert them of this person. They hired him anyway and when I found out I contacted not the same person but someone else from the company by email and told them that people had been killed in the hospital in the last year and a half shot to death and how would the news or the peoples families feel when they learned that a person who knew this and still talked about guns and bringing them to our workplace was hired by them even after I provided them with this information. and when I was suspended by Hr they told me It was because I contacted the contractor. When I contacted them both times they had not yet started the contract with the hospital. I have a document from them stating they would be taking over operations on may 27 the old contractors tenure ended on the 26th of may I contacted the contractor before they took over I have no write ups or disciplinary actions on my record can they fire me?
Attorney At Law
Doctor of Law w/ highest honors
I feel my manager is harassing me because I have FMLA. She
I feel my manager is harassing me because I have FMLA. She has already made statements to me that my FMLA is bogus and I should not have FMLA for Migraines and Panick Attacks. Recently she tried to get me to write a statement that I did not receive a phone call of which she told me she has proof I did. I told her I did not remember getting the phone call she is questioning me about but can not say for sure and that I was not comfortable writing a statement saying 100% I did not receive this phone call in question. I asked to have a HR rep. What are my rights.JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Is there anything else important you think the Employment Lawyer should know?Customer: My manager has been doing little things to get me in trouble like asking me why I did not tell her I switch a work day with another employee. When I told her because we were instructed to only tell the scheduling committee not her she backed off because I recited the meeting minutes. Pretty sure she was going to try to write me up. She has attempted to write me up 10 times in the 11 months she has been my boss since our blow out about my FMLA. She received an event report about an incident on Thursday. I am a nursing supervisor and respond to customer service issues, deaths and staffing issues. We had an icu patient expire and bereavement services took care of the death. I was called in the morning by the morgue manager asking if I called the funeral home. I replied no and that I did not take care of any deaths over night. The morgue manager stated yes but the person arrived to the morgue at 0100 and security called and told you or should have called and told me. I responded back saying I do not recall getting a call from security. I said I was really busy with other issues. The morgue manager said she was going to call security and ask who they called. I said maybe the called one of the Supervisor's from another building. I called those Supervisor's and one was still on shift and stated no they did not receive call (which sometimes happens that security confuses the buildings and call us about the other supervisor's building deaths). I asked what the data base stated and she said is says the funeral home was not contacted. I stated well I did not call them so I would have to say if the data base says no then no the funeral home was not contacted yet. She I guess called security and they said they did speak to me. So the morgue manager filled out an event report. So my manager wanted me to write a statement stating that I am saying I did not receive the call at all. I only stated originally that I did not remember them calling me. Thought this was a little extreme for me not breaking any protocols or policy and procedures?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.
Harassment. the boss is sleeping with his subordinateView more employment law questions
sexual harassment. the boss is sleeping with his subordinate and creating favoritism. can others complain and have the situation changed?JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: This is an auto dealership. The service department manager is having an affair with one of the service writers. (A service writer feeds the technicians with work orders from customers). The service writer has been taking multiple days off, spending an inordinate amount of time away from her job and in his office. All co-workers know about the affair and some have approached the manager. He states that there is nothing in the handbook (unknown if true) that prevents the affair. There is discord in the shop, it is obvious the manager is playing favorites. Is it possible to report this to HR and see any results? Is it possible to file a hostile work environment claim with the EEOC? The dealership is located in South Carolina.JA: Got it. The Employment Lawyer will know how to help you. Is there anything else important you think the Employment Lawyer should know?Customer: She is currently the only female service writer. The technicians are hurting because she is not there to feed them tickets. They are on flat rate.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.