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Recent employment law questions

EEOC : No. : I have been in mediation back and forth with

EEOCJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No.JA: Please give me a bit more information, so we can help you best.Customer: I have been in mediation back and forth with EEOC and my former employer. They were found negligent in Failure to Accommodate me while I worked there and I filed claim with EEOC. The former employer has decided to settle with me for $10,000. I just don't think something is right. I don't know the lawsJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IndianaJA: Is there anything else important you think the Employment Lawyer should know?Customer: I feel like I'm being rushed and bullied by the former employer Attorney who keeps contacting me stating that, they dont have to pay me, they just are, and I should be thankful and settleJA: 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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Roger

Litigation Attorney

Doctoral Degree

 
32,864 satisfied customers
I am a winemaker at a winery and my wife is the sales

I am a winemaker at a winery and my wife is the sales manager there also, I was in the office, and the owner came in and didn't agree with what I said, and pushed me out of my chair onto the floor then continued to push me and then pushed my wife who attempted to stop him, I was able to stand up and grab his sleeves to prevent his continued attacks and he only stopped when my wife said she was going to record him. There were other employee witnesses. This also is not the first time he has made myself or staff feel uncomfortable. The other owner asked us what would make us feel safe to come to work, we stated that we no longer feel safe with him around and if he can act like that in front of customers and employees then he is out of control. So we requested a workplace that is safe for us and others, and we are still dealing with situations were we cant do our job because he is in our area of work, and we have to go somewhere else to avoid him, and we where told we wouldn't have to deal with things like this. I called the cops after the incident to have it documented but I did not press charges. What should I do? what options do I have? we would like to leave our jobs and look for something new but we moved from California for this job and there are not many jobs in our field on the east coast and so we would possibly have to relocate also. What should we do?

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Patrick, Esq.

Doctoral Degree

 
16,826 satisfied customers
My sister was sexually assaulted at her work by a fellow

my sister was sexually assaulted at her work by a fellow co-worker. She properly informed the other 2 co-workers that were in the building and informed her boss when he came back to the office. She filed a police report and an order of protection against the abuser. Her boss told her he was going to fire the abuser, but changed his mind 2 hours later and said that he wanted to "sit down with both of them to resolve the issue". When she said she was not comfortable with that arrangement, he said he was not going to take any action until the investigation was complete. She asked if her job would be in jeopardy if she didn't return until then, and the boss (also the owner) did not respond nor did he attempt to communicate with her until she emailed him 5 days later to say she would not be in until after the court date for the temporary order of protection. The court date was today and the judge said they had not yet been able to locate the abuser to serve him with the papers. Her boss is ostracizing her and has told her that she will not be paid for the days she has chosen not to come in to work. He told her via his first email contact with her on Saturday night that he was changing the abuser's hours from the standard hours of his other six employees - the abuser will be working 6p-2a at the shop by himself and she can come into work her normal hours. But she still doesn't feel safe being as it is possible for him to know where she is during the normal business hours, and there are times where she may be alone in the office or only have the presence of 1 or 2 other workers in a 10000 sqft building. She's afraid of losing her job, but is also afraid to return. Does she have any rights as a victim over an abuser while an investigation is ongoing?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TennesseeJA: Have you talked to a lawyer yet?Customer: She's worried about the cost associated with the lawyer fees as she is not being paid at this time.JA: Anything else you think the lawyer should know?Customer: The abuser a rather lengthy felony record for unrelated offenses. The other office girl has been texting her things that the boss is supposedly saying about her. This same office girl is also telling my sister that this situation is "her own fault" and that she's making it a bigger deal than necessary. The detective found enough proof to approve the temporary order of protection and did inform her boss of that. The boss/owner has never presented her with an employee handbook, so she hasn't had any policy to refer to in regards ***** ***** she should be moving forward with the situation.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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164 satisfied customers
I fired an employee performance. She was pregnant. She is

I fired an employee for bad performance. She was pregnant. She is claiming I fried her because she was pregnant and is suing me for discrimination. Also, for emotional stress. It is not true. Her boyfriend is a convicted felon with a record a mile long. He has beat her, stolen from her and abused her. I believe all her emotional stress is caused from her terrible relationship. Can the fact her boyfriend abused her be brought up in court? Also, she has a record of drug use( drugs were a problem for her at work). Can these facts be brought up?

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Patrick, Esq.

Doctoral Degree

 
16,826 satisfied customers
Last Monday I was fired by my boss. Prior to that no

Last Monday I was fired by my boss. Prior to that no write-up's ever with this company.HR didn't contact me prior for a fact finding / investigation to ensure the allegations made by my Manager were true or false. HR took my Manager at face value.Well my former manager made up some lies to basically cover himself for him not doing his job when another manager did a week long ride along with me and asked me who gave me permission to log calls and stats the way I was. I told that manager my report to manager did several ride alongs with me and said everything was fine.The following Monday I was fired by my manager and he said I falsified completed calls and made 14 calls he claims nobody knew who I was when he called the customer even though I reported them as "Good Stops." the city he listed I have never been to.I didn't sign any thing, I refused to give resignation, no paper work was present on the day of firing just verbal firing with HR on the phone.Do I have a lawsuit? They're an "At-Will" employer.I challenged the firing, week later HR said they're not changing their decision.

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P. Simmons

Attorney

Doctoral Degree

 
34,254 satisfied customers
My boss tried to write me up happened in february2016. i

my boss tried to write me up for sonething happened in february2016. i refused to sign. my phone for a month after wouldnt hold a chargd. i changed all my passwords. my phone battery magically got better. i do my lpn job well but i do have fmla..my boss hates that and i believe she wanted to write me up for something she feels im protected against. so she said i left my med kart open in feb.my boss and my coworker on first shift want to give ny full time position of 3yrs to soneone else..my boss tried to get me to drop to part time.hence losing health insurance for my child and i. i work hard do extra all the time but im not as social or good at ass kissing..i hoped my work would be enough..is it illegal for her to hack yahoo. i used it one time at work onmy break. however my phone may be hacked..is it worth me paying money to find out..how hard is it to prove etcJA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?Customer: im in the wrong place i only want to pay for an hour of legal chatJA: Is there anything else important you think the Employment Lawyer should know?Customer: is this a machine responseJA: 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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ScottyMacEsq

Doctoral Degree

 
22,066 satisfied customers
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.

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Ray

Lawyer

Doctoral Degree

 
33,996 satisfied customers
I have written multiple statements to the Hr dept about my

I have written multiple statements to the Hr dept about my Boss verbally harassing me and the regional manager that comes to do the investigation keeps protecting her by reporting false feedback from the rest of the staff members she interviews. I know this because i over heard the answer one of the staff members was giving her was to the effect that the way our Boss yells at people and slams doors in peoples faces is uncalled for and unprofessional and yet when the regional manager reports back with me and human resources on the call she says that no body backs up anything i claim she does. What can i do to get my voice heard? everybody else is scared for their jobs and are afraid to say anything and human resources is doing nothing to help all they do is agree with what the regional manager finds during her so called investigation.

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Asad Rahman

Attorney

J.D.

 
2,278 satisfied customers
I am a registered nurse who has been working in the same hospital

I am a registered nurse who has been working in the same hospital for 15 years, I had a stroke on March27,2015, and have been cleared by 3 physicians to return to wor. I want to go back to direct patien care and they will not allow me to, they state" we hav to make sure your safe for our patients and able to perform the job." Is this discrimination and harassment?

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Maverick

Doctoral Degree

 
5,262 satisfied customers
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