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Questions Answered by Matthew T. Famiglietti
1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: After dismissal, does a former local State Dep employee ( US Embassy) have the right to review the empl. handbook

If so, under what law would they be eligible?

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on May 7, 2024

First of all, you should have been given a state dept. employee handbook upon your orientation into the state department. So, having access to the state dept. employee handbook should not be a problem. Are you referring to access to your personnel file? If that is the case, then that would be a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: Which laws and regulations may apply when dismissing a local employee of the US Embassy?
Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 7, 2024

Generally, an employee who works in the District of Columbia is an at-will employee. This is true for federal, state, and local employees in the District of Columbia. However, the at-will doctrine does not apply if you could prove there was discrimination in your treatment at work or dismissal from... View More

Q: I work disability one thru NW Works at USDA . IVE WALKED OUT DUE DO ALL THE STRESS OF HARASSMENT , depressions started

Employee of USDA has been verbally harassing me , constantly messing with my cleaning items , his boss also harassing me . My depression has got to the point where I walked out of work. No support from NW Works.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on May 18, 2023

If you have not already filed an informal complaint with your agency, you should do so immediately. Under the Federal Sector regulations, which cover federal employees, you have 45 days to file an informal complaint of discrimination from the date that discrimination or the date of last retaliation... View More

2 Answers | Asked in Employment Law for District of Columbia on
Q: My boss is threatening to sue me for damages on a customers car I scratched up while driving it into the mechanics shop.

I should clarify, I would be fine getting fired but can't pay for damages, I've worked this place for 9 months and have no prior accidents. The boss is threatening to take me to court of I leave as an attempt to extort. The guy tried to do this by lying about my employment status stating... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on May 31, 2024

You are lucky your boss has not terminated you for damage to the customer’s car. I don’t think a claim of hostile work environment gets you very far.

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1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: I was terminated from my employer without any justification, they gave me a severance package but they want me to be

Available for 6 months. They have given other persons a much better severance package and they were of a different race and they had performance improvement plans. They want to give me one month salary and a Cobra pkg.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Jan 25, 2023

If you believe that you are being discriminated against on the basis of race, and treated differently from other employees in regard to severance payments, then you need to consult a licensed discrimination lawyer in the District of Columbia as soon as possible. Most attorneys are providing... View More

1 Answer | Asked in Employment Law for District of Columbia on
Q: A coworker put his head on my shoulder. It was unwelcomed, uninvited physical contact. I told my boss. What do I do now?
Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Oct 12, 2022

You should consult with with a qualified employment discrimination attorney who specializes in Sexual harassment. Most attorneys are providing consultations over the phone or zoom due to COVID.

Q: retaliation case my supervisor had his employee to take a cellphon picture under my dress.what case law can I use

My supervisor did not compensate me for work performed and lied and said 7:45am -5:15pm was 8 hours and was committing fraud. What caselaw can I use for this

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Aug 15, 2022

Is this a matter involving a DC employer? If so, I would be glad to give you a free 30 minute consultation tomorrow morning, August 16th at 10 am.

Clearly, videotaping under your skirt could well constitute sexual harassment in the work place. Did you report this incident to HR? Or have...
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1 Answer | Asked in Education Law for District of Columbia on
Q: What law can I use for the Dist. of Columbia to be able to use religious exemption from the Covid vaccine for my child?

This is for my child to be able to attend school this month.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Aug 3, 2022

You would need to get medical documentation from your child's doctor stating the child has a disability that prevents him or her from receiving the covid shot safely. I am attaching the exemption: https://osse.dc.gov/release/osse-encourages-families-receive-required-immunizations. Good luck.

1 Answer | Asked in Employment Law and Criminal Law for District of Columbia on
Q: Is it false imprisonment to hold an employee after hours?

A high level manager asks a salaried employee if they can stick around to meet with them at 5:00pm which is normal close of business.

Employee is escorted to a conference room and takes a seat. The manager says they need to make some calls and then shuts the door.

The employee can... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Feb 6, 2022

The definition of false imprisonment is very strict. It is a term under criminal and tort (civil) law. Under tort law it is classified as an intentional tort. A person commits false imprisonment when he or she commits an act of restraint on another person, confining that person in a bounded area.... View More

1 Answer | Asked in Immigration Law and International Law for District of Columbia on
Q: Is there national imagination lawyer's guild, and why not publicly advertise to people around the world how 2

People who wish to become American citizens should be given a step by step imagination process with potential immigration lawyers - I think world advertising is in order - avoid the breaking of the law label as illegal as in illegally being here at their own free will - as an illegal?

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Jan 29, 2022

The American Immigration Lawyer’s (AILA.)

is an organization of Attorneys who specializes in aiding individuals who have immigration problems including Naturalization, becoming an American citizen, as well as other immigration issues.

1 Answer | Asked in Employment Law for District of Columbia on
Q: My boss wasn’t paying me minimum wage and is making me pay for mistakes and calling me homophobic Slurs

So I got a job at a small pizza place in DC and my first two paychecks were just hand written checks without any paystub or details of my pay. I was being paid only $12 and making maybe 3-15 in tips a night and no benefits. I made an error that resulted in us having to make two pizzas and was... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Dec 22, 2021

First of all, if you believe that you are being retaliated against and threatened because you may file a compliant you need to consult with a qualified employment discrimination attorney licensed in the District of Columbia. You also need to clarify the alleged homophobic slurs made by your... View More

1 Answer | Asked in Employment Law and Civil Rights for District of Columbia on
Q: If an employer "requests" that you complete a dd3150, are you legally obligated to complete and submit that form?

The form specifically states: "While the information requested on this form is intended to be used primarily for internal purposes, in certain circumstances it may be necessary to disclose this information externally. And 85 Fed. Reg. 17047 states that "Providing this information is... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Oct 4, 2021

You do not have to sign the form. However, by not signing the form you can expect to be treated as not having been fully vaccinated. The policy is not discriminatory on its face if it is equally applied to everyone regardless of sex, race, national origin, religion or disability. It does not seem,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for District of Columbia on
Q: What is the impact of Appellant's Representative's Notice of Withdrawal of Counsel on an ongoing case?

My lawyer decided to stop representing me in a case with OPM, does the judge have to approve it or let them off the hook?

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Apr 8, 2021

The judge will consider the Motion to Withdraw. He or she will consider the reasons for the Motion, then make a decision of the Motion. The attorney who made the Motion still represents, you until the Motion to Withdraw is granted and ordered by the judges.

1 Answer | Asked in Employment Law for District of Columbia on
Q: Washington DC employer refuses employment verification.

Last year my employment was terminated by a non-profit based out of Washington DC. It was because I anonymously blew a whistle on my supervisor's conduct. I was told if someone were to call for employment verification, the organization would only give out the start and the end date.... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Feb 2, 2021

It is highly unusual for a former employer not to give verification of employment of a former employee. Usually the verification is very general, for example Mr Smith worked for Company A from Jan 1 2020 to Jan 1 2021. You would need to contact a licensed attorney in DC for a more in depth... View More

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: Does an "employee" in the code of federal regulations refer to active duty components (military, PHS, NOAA)?
Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Dec 21, 2020

Your question is not entirely clear, but a member of the military is a federal employee. Individuals who work for NOAA are federal employees as well. PHS helps aid federal agencies as the FDA and the CDC

1 Answer | Asked in Employment Law for District of Columbia on
Q: How to get my SF-50 from my former federal agency?

I am a former government employee who left the federal government in 2014. My departure was due to an unethical SES who was removed from his director position due to complaints. Since leaving, I have worked as a contractor, I have passed my security checks. I am in the process of emailing my former... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Dec 17, 2020

You may obtain copy of your most recent SF-50 by requesting from the National Archives and Records Administration, Good luck!

1 Answer | Asked in Immigration Law for District of Columbia on
Q: How long can I stay out of the United States while I have a green card, in order to get citizenship?
Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Dec 1, 2020

Given the current political environment, it is very risky for you to leave the country at all because you may have an exceptionally hard time getting back in. It's even more risky if you are returning to your native country if you are alleging a reasonable fear of past or future persecution.... View More

1 Answer | Asked in Immigration Law for District of Columbia on
Q: Can I seek asylum based on my sexual orientation if I am a minor (16 y.o.), I live in Egypt.

Homosexuality in Egypt is a crime punishable by ~15 years in jail, and your future is probably ruined (same with your reputation), assault in prison is inevitable.

My parents are emotionally abusive and homophobic as well.

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Nov 12, 2020

The general rule is you can apply for asylum based on sexual orientation if you are being abused in your home country because of your sexual orientation. You would have to prove fear of present persecution based on your sexual orientation and/or the potential of future persecution because of... View More

1 Answer | Asked in Employment Law for District of Columbia on
Q: Can a job let you go.For being in a methadone treatment
Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Nov 12, 2020

Your question is not entirely clear. I can't tell if you went into treatment and are being prescribed methadone as part of the treatment, or if you are in treatment because of addiction to methadone.

District Courts have split on the question, especially if you have some protection...
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