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Questions Answered by Marshall Jason Ray
1 Answer | Asked in Civil Rights and Employment Discrimination for Arizona on
Q: I was a target of harassment at work 2 co - workers placed a noose on the forklift I drive and singled me out.

they told me it was for me. I need to know if I have a case and what type of lawyer should I contact for legal guidance. Also do I have the right to sue my employer since the employee's are still employed at my work place , I feel that my civil rights have been violated please give me some... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 27, 2016

There are lawyers from your state who advertise in your state, and there will be some who list on this website and others like it. You are looking for someone who does employment law. Depending on the facts, there are avenues to sue an employer who engages in illegal discrimination or who allows... Read more »

1 Answer | Asked in Employment Law and Public Benefits for Maryland on
Q: As a MD small business owner, how long am I responsible for an ex-employee who is getting unemployment benefits?

This employee was fired for cause but I didn't appeal unemployment action because I thought her having to repay benefits already received was too harsh. But she was working part-time somewhere else when we fired her (for consistent rudeness to customers) and she continues to work at same part... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 26, 2016

This actually gets pretty technical, and this answer is not comprehensive. When someone files for benefits, the wages the individual earned in the first four of the five quarters preceding the claim are used to calculate monetary eligibility and the weekly benefit amount. This is called the base... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Mexico on
Q: Can I do a tort claim for compensation of property lost by the local police department
Marshall Jason Ray
Marshall Jason Ray answered on Apr 26, 2016

You would need to provide more details. While a tort claim is probably not the avenue, there usually is a process for taking inventory and providing a receipt of voucher of property taken. There can be many breakdowns in that process. Alternatively, depending on the facts, the property might be... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Florida on
Q: Where to find a lawyer and what type of lawyer for a constitutional tort/ Biven action.
Marshall Jason Ray
Marshall Jason Ray answered on Apr 26, 2016

You are looking for a lawyer that does plaintiff civil rights work. There are likely lawyers with profiles on this website that perform this type of work in your state. You can contact them directly to set up a private consultation.

1 Answer | Asked in Employment Law for Nebraska on
Q: can my employer require me to remove me earrings and cover the visable holes left behind?

I'm a firefighter/paramedic, bandages begin to melt and release toxic chemicals at 120F far lower temp than our fires. These chemicals are toxic and can be absorbed through inhilation and through the skin. Not to mention the burns the adhesive will cause. I have all the documentation to back... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 24, 2016

Employers have wide discretion when it comes to dress an grooming standards for their employees. The restriction you describe regarding piercings is commonplace and likely to be upheld if subject to a legal challenge. Challenges to employer dress codes are only typically successful if an employee... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: Do I have a shot at a wrongful termination suit?

I inspected a hazardous part and sent it out in the wrong color tub. But I realized it & informed shipping of the mistake and fixed it befor being sent 2 the customer.So no harm done. a few days later i was fired. That 1 mistake was the reason given. The box they checked was unsatisfactory... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 23, 2016

Employment laws do not necessarily protect against generalized unfairness. Whether you have a credible claim of wrongful termination depends on many factors and you have not provided enough facts. If you meet with a local attorney, you will have the opportunity to provide necessary details, such... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Do I have a Constructive discharge/termination claim?

For almost a year I feel I have been harassed, bullied and discriminated against at my place of employment. I feel that my working conditions have become so intolerable that it has forced me to put in my 2weeks notice. I have went through every channel including HR, and the director over the checks... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 23, 2016

You would need to sit with a local attorney and provide much more detail. Words such as "bullied," "discriminated," and "harassed" are conclusory and lack the detail needed to assess whether you have suffered any actionable discrimination and whether the circumstances... Read more »

1 Answer | Asked in Business Law and Employment Law for Kansas on
Q: is a non-compete clause legal?

My husband merged his company with another. They had differences and now the other company is saying he can't work on a job over $10,000 also saying he can't volunteer his time either. The other company is constantly driving by our home and where my husband is offering a helping hand... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 12, 2016

You should have a local attorney review the situation. The legality and enforceability of a non-compete agreement depend on various factors. A local attorney will need to review the specific contract about which you are asking and give you an opinion.

1 Answer | Asked in Employment Law on
Q: What to do when employer does not pay for commute from job site to office in company vehicle?

I work for a company that does not pay for driving/riding in a company vehicle at the end of the day, from the job site to the office. I am fairly certain this is illegal but I do not want to confront my employer. Is there a way to enforce this ? As in report the company to some entity that handles... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 1, 2016

You have not provided all of the information necessary to determine whether the company is acting unlawfully. It's also not clear what jurisdiction you are in. Every state has a labor department (their names vary widely) that enforces state wage and hour laws. Many of them will have an... Read more »

2 Answers | Asked in Employment Law for New Mexico on
Q: Can my employer replace me with a new hire because I had to take two days off to undergo a medical procedure?

My employer recently got a new manager (he has been there for 3 weeks) I have worked at the company for 8 months (since it opened) and have had the exact same schedule since that point(I have documentation of this), and have never asked for a single day off. I requested two days off because I had... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Mar 28, 2016

You will need to consult with an attorney where you can provide more details to determine what the legal implications are of your employer's actions. As a general rule, unless there is a contract stating otherwise (such as a collective bargaining agreement), an employer can fire and replace... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: I have a disability discrimination charge at the eeoc,my company was found in violation under title 8 and retaliation.

My company agreed to settlement negotiations , its been nearly a year now and still not finished. I worked for this company for 20 years. How will an attorney serve me in this matter, and also will the attorney obtain most of my settlement.

Marshall Jason Ray
Marshall Jason Ray answered on Mar 27, 2016

You would be well served to consult with a lawyer. I believe you should have done so early on. A good attorney with experience in employment discrimination matters will greatly improve your chances of success. An attorney should disclose up front what the fee will be. If the lawyer takes the... Read more »

1 Answer | Asked in Employment Law for Minnesota on
Q: Can a company have language in a CBA that is in violation of Federal Law.

The Equal Pay Law states that employees are to be paid the same wage for the same work, can language make it possible for the company to pay some less.

Marshall Jason Ray
Marshall Jason Ray answered on Mar 26, 2016

To determine whether a provision of a CBA (or any other employment contract or policy) violates state or federal law, it is necessary to review the provision.

2 Answers | Asked in Employment Law for New Mexico on
Q: haven't got paid

never got paid by company overseeing fiber build in NM. I did some drafting for them. And they refuse to pay. Can you help?

Marshall Jason Ray
Marshall Jason Ray answered on Mar 26, 2016

Did you do this on a contract basis or were you an employee (sometimes even if you were told you were a contractor, the law might consider you an employee)? You can report to the New Mexico Department of Workforce Solutions Wage and Hour Bureau. They will investigate employers who fail to pay... Read more »

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2 Answers | Asked in Employment Law for New Mexico on
Q: Can my employer take my PTO Ive accrued in the year and 2 months I've been employed as a full time employee ?

I have been at my current job for A year and two months yesterday I was told that I'm being put on in 3 months probationary period because of my absences, in which 75% of them i have provided proof of court dates and physician appointments which they would tell me they didnt need a copy. My... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Mar 26, 2016

It is not clear what you mean when you say you are now a part time employee even though your hours stay the same. You would need to provide more details, but the general rule in New Mexico is that issues related to accrual, use, or loss of vacation or sick leave are determined by your... Read more »

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1 Answer | Asked in Employment Law for Virginia on
Q: Does a PT emp (20h / wk = 240hr) receive the same amount of FMLA leave as a FT emp (40h/wk= 480hrs)?

The person initially was on intermittent FMLA and has presented a recertification for continous FMLA. We are trying to determine how much leave they have left. Not sure if they should get 480 hrs (FT Emp) or 240 (PT Emp). Thank you.

Marshall Jason Ray
Marshall Jason Ray answered on Mar 26, 2016

Under FMLA, if the employee normally works on a part-time basis, then the employee's FMLA leave is calculated on a proportional basis. In a case of intermittent leave, for example, if an employee's routine work week is 20/hours, and if the employee takes 10 hours hours of FMLA leave in... Read more »

1 Answer | Asked in Employment Law for New Mexico on
Q: Penalty for running business with employees with no registration to state of NM

Business doesn't need licence needs registered for lawn care

Marshall Jason Ray
Marshall Jason Ray answered on Mar 26, 2016

It is not clear what you are asking. With few exceptions, any business in New Mexico with employees must register with multiple government entities. The business should have a Federal Employer Identification number (EIN) to facilitate federal payroll taxes and withholding. The business will also... Read more »

1 Answer | Asked in Uncategorized, Employment Discrimination and Employment Law for Texas on
Q: My boss clearly favors young people. HR claims that he cannot discriminate because he is 74 himself. Is this true?
Marshall Jason Ray
Marshall Jason Ray answered on Mar 25, 2016

Laws prohibiting workplace discrimination do not provide an immunity to a person who discriminates against a class to which the person belongs. Under Federal laws, typically only the employer can be sued for illegal discrimination, not individuals acting on the employer's behalf. Many state... Read more »

2 Answers | Asked in Employment Law for New Mexico on
Q: Is there a case of False Advertisement or Bait and Switch?

Here's the analogy:

I resigned a good job working as regular employee for hopefully a higher paying job closer to my home address.

I sent the definition of a baker to the boss and she said yes it is for a baker.

I asked her what the work schedule is and she said 8 AM... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Mar 23, 2016

Is this a real scenario? You were hired as a baker and then reassigned to duties as a car mechanic? It is not clear from your description whether you have any legal claims. Employment in New Mexico is presumed at-will unless there is a contract stating otherwise. That means the employer does... Read more »

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1 Answer | Asked in Employment Law for Nevada on
Q: If a Supervisor is fired for fixing an employee's time in "exchange for favors", shouldn't that employee fired as well?

Hello,

I was a Supervisor at a Call Center and was recently terminated for supposedly fixing an employee's time for favors. How is it that I was terminated, but the employee I “supposedly” fixed the time for didn’t? Also, my termination happened less than a week after myself and... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Mar 23, 2016

You should consult with a local attorney. Different treatment among employees who commit the same or similar infractions can suggest that there is an illegitimate basis for the more harsh treatment one is receiving compared to the other. Sometimes, however, there are legitimate business reasons... Read more »

1 Answer | Asked in Constitutional Law, Civil Rights and Criminal Law for New Mexico on
Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take

I was found guilty by a jury I was sentenced to 5 1\2 years ..18 months for a 4th plus they gave me the 4 year obitual offender .. Court of appeals recently reversed my conviction

Marshall Jason Ray
Marshall Jason Ray answered on Mar 19, 2016

You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some... Read more »

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