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I have a few questions about my employer. I need to know if…

Hi, I have a few...
Hi, I have a few questions about my employer. I need to know if I have a legitimate claim?
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Answered in 1 minute by:
3/8/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,155
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

What is your question and does it relate to the two questions that you have already asked?

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Customer reply replied 1 month ago
I have multiple questions about my employer. To start. We’re a private dermatology practice.
Customer reply replied 1 month ago
I am being treated completely and indifferent to ALL other employees. I have tried to fix the situation on more than one occasion but I am not getting anywhere.
Customer reply replied 1 month ago
I can not do anything right.

You don't have to enter each sentence. You can type out your entire set of facts and question in a single response.

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Customer reply replied 1 month ago
The employer is going through a 2 year divorce, his girlfriend, whom he were also cheating with has caused way too much grief for more during my time of employment because of her insecurity issues... I am married with children, she has accused me of having an affair with him on more than one occasion. Which in turn has caused my employer that I work directly with daily to have hard feelings toward me. I almost feel as if they’re trying to get me to quit to make her happy. She is close friends with the office manager who frequently wants to Micro manage and reprimand me for things that aren’t even called for. Other employees have no issues.
Customer reply replied 1 month ago
Most recently the girlfriend made an alias email account and emailed my husband that he should watch my “after hour” work, insinuating an affair. when it is my employer keeping me to work. I have proof that it was her.

Do you feel you are being targeted based on your race, religion, age (over 40), disability or recent FMLA use?

What is your question about these facts?

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Customer reply replied 1 month ago
Can I file a claim with the EEOC or labor board for my concern. I feel I am being targeted for being an intelligent, beautiful female. Why is it my fault she is psycho?
Also, my employer is making fraudulent claims to health insurance, they’re audio recording with my consent or any other party, they’re giving expired products, it’s very unethical practice.
Customer reply replied 1 month ago
The office manager adjust my time card without prior notice, deducting from my hourly pay.

That is not an EEOC complaint, no.

One's IQ and looks do not create a claim. She isn't targeting females in general, just you, so it is not a gender based claim. It is a jealousy based claim, which is not covered by the EEOC or any employment law. Courts call this office politics and they do not get involved.

You have a personal injury claim against the "psycho" based on defamation of character, if you wish to pursue it. It may not be worth much money, but might be worth doing to scare her into shutting up.

On the issue of the manager changing your time card, you can file a wage claim with your state's Department of Labor. That would be illegal, without discussing it with you and explaining what was at issue (and being right).

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 1 month ago
My employer is afraid of me pursuing any additional action can I threaten him that I would take action against him or her if she is not terminated? I mean I’m scared for my life. She is so psycho that she circles the building til I leave. She knows everything about my employment.Sir, I know one would assume that I’m paranoid and acting in anger. But I have put off further action because I actually have an ethical personality and really wouldn’t want to pursue anything especially if I don’t have a leg to stand one
Customer reply replied 1 month ago
One

You can certainly make that request, but generally you are not legally entitled to the termination of another employee. It is not an unreasonable request on your part though.

You don't have any EEOC complaint relating to this person though. Personal injury defamation for the lies and that is really it. If you fear her, you can go to the police and ask for a restraining order. Then the employer would be put in more pressure to release her.

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Customer reply replied 1 month ago
Ok

The EEOC only deals with a very narrow section of employment law matters, so they just aren't helpful here.

A restraining order. Defamation of character claim against her. Those are the things I see relating to her.

I would talk to your employer about the changing of your time card in conjunction with your request to have her terminated. Do not say "if you don't fire her, I'm going to the DOL and complaining." Dangerously close to extortion/blackmail.

I would simply bring them up both at the same time, as independent ideas. Let the employer do the math.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,155
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,155
20,155 Satisfied Customers
Experience: Employment/Labor Law Litigation

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