My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »
Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...Read more »
After constantly asking my manager to why he didn't report the incident he tells me if I report it I would lose my job..I reported it to regional manager, HR, then the safety coordinator. And filed a workmans compensation claim. What other lawsuits can I file
Unless there is a third party liable for the accident that resulted in your being doused with hazardous chemicals, e.g., the negligence or product liability of some person or company who is not your employer, then you are limited to workers' compensation for your personal injuries and lost...Read more »
I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... Read more »
Searching online for examples of summary judgment motions is more likely to be helpful than looking for templates or software. But that is no substitute for legal advice based on the facts of the case and knowledge of the law. Many attorneys in this area of the law would give a free consultation-...Read more »
On March 16th, I was informed that members on my team have been laid-off/furloughed due to the epidemic. On March 19th, using my employers Ethics and Compliance Reporting Hotline, I submitted a report of racial discrimination for an issue that had been occurring for several months. The next day,... Read more »
It's not entirely clear what the substantive difference between being on administrative leave and laid off/furloughed would be in this situation. Also, if the entire building was laid off prior to the complaint (or leave request?) being made, it might be difficult to establish a case of...Read more »
coat was put on to do a task outside. our simerler coats were hung side by side. not sure if this sounds sensible but to me im still dumbfounded they used this as the reason the get rid of the problem. which all I wanted was the sexural harassment issues to be known so I didnt have to feel... Read more »
Sexual harassment claims (as well as retaliation/wrongful termination claims based on employee complaints about harassment) are very fact-specific and require detailed analysis of the applicable law. There are strict deadlines for filing charges with the EEOC/MCCR, so you should discuss soon with...Read more »
She is the president of the Board and as such was the appointing authority for the director who conducted the interviews. There is a close personal relationship between the two. Do I have any recourse?
There isn't generally a civil cause of action for nepotism or conflict of interest for an aggrieved employee. Depending on who the employer is, there might be an internal grievance procedure. Or, if it can be established that there was discrimination against the employee on the basis of a...Read more »
You may wish to sit down and speak with an employment lawyer. Depending on the size of the employer and how long you worked there, laws like the Family Medical Leave Act (FMLA) and laws preventing discrimination on basis of pregnancy may apply. An employment lawyer should be able to tell you...Read more »
First of all you should put your request in writing and explain why you need this day off. If you are going to be taking the same day off on a regular basis maybe you should take leave with pay or leave without pay or just make arrangements not to work on that day.
Let's suppose the background check company is the Federal OPM office, and the background check is for a standard public trust level job that doesn't require a secret or top-secret level clearance and that none of the jobs at your work site are classified. Further, Let's suppose the... Read more »
I identified as a person with a disability. There was a class coming up I needed to be out for 2 days of a 10 day class for disability. Lead said her and manger discussed my request and said I should rethink going to my appointment, resign or they may terminate me. I was unable to attend that... Read more »
No, not necessarily. It all depends on the facts, intent, and motivation of your employer, as well as whether or not you followed the law on requesting a reasonable accommodation. The employer knowing you are disabled is not enough. You must make a request for a reasonable accommodation, your...Read more »
Over the last 2 years I have given this employee a letter of reprimand, a PIP, and a proposal for a seven day suspension. My upper level supervisor failed to sign off on the suspension. My upper level supervisor has promised over the last year that this employee would be moved. After a few month of... Read more »
Just based on what you have presented I can't advise you. It requires meeting to discuss the case, review of paperwork, and research. However, it sounds like you may be open to getting in trouble with upper level management and should hire counsel to protect your rights.
Firing an the disciplinarian, a supervisor to some and the payroll person? I feel it’s very bias but I am not sure if under (Maryland) state law it’s considered legal or ethical? Also, is it ethical or legal for an employer to tell you they are going to deny the a workers conp claim before you... Read more »
There is nothing illegal about only having one HR staff person. If an employer complies with the laws and regulations applicable to it, that's all that matters. It's just difficult to do without professional help, as the workers comp incident illustrates. Employers can't retaliate...Read more »
Maryland employers (that have at least 15 employees) are required to offer only unpaid maternity leave, under the Parental Leave Act. However, under the Maryland Flexible Leave Act, those employers must allow employees on unpaid leave to care for a newborn to elect to use their earned/accrued PTO...Read more »
Make sure to document your encounters with the employer, and save all of the inappropriate/harassing texts (preferably on a separate device from your phone). You should speak with an employment/labor attorney about the facts of your case.
OSHA lifting guidelines. I was already currently in treatment for a work back injury when I was assigned the new task. My supervisor and personnel officer had already warned me that if I refused any assignments I would be disciplined. I was sent to the State Medical Director for a workability eval.... Read more »
I have requested a religious accommodation, I have provided my religion and my place of worship but they are asking me to provide the leaders name and email and I feel this is way too personal. Are they allowed to ask this?
The employer needs to have an objective basis to doubt the sincerity of your religious beliefs. But if they do, they can ask for more information. How much information they can ask for is not a bright line- but them asking for contact info is definitely approaching that line, if not crossing it....Read more »
I applied to a position and it said I was not qualified based off of not having a high school diploma because I’m still in school.it is not stated in the requirements section of the job description that was sent by the company The district manager and human resources manager told me I would get... Read more »
The job description is not definitive when it comes to the question of who is qualified to do the job. It can be strong evidence of what the employer considers qualified, but it is not a contract. But the larger issue is that the employer is not bound by their promise to promote you when you...Read more »
My partner was the only person terminated from her job (out of 4)when the company was told employees were seen consuming alcohol on lunch break at a restaurant. An employee of walmart went to the location and confiscated receipts and video prooving the employees were drinking. Despite the other 3... Read more »
There does not appear to be anything wrong or illegal about gathering the surveillance video and receipts. However, if the only employee that was fired was not drinking (the video should back this up)- and the only one fired- this could potentially be a discrimination claim. Your partner should...Read more »
job but was not offered any additional compensation even though I was told I was not qualified. I spoke to the manager regarding possibly discussing compensation for the office management responsibility that I have been doing for the past 9 months and was ultimately accused of something I did not... Read more »
There are too many unknown factors involved here for a comprehensive answer. Generally, an employer can ask you to do additional tasks without an increase in pay. You suggest that there could be discrimination involved, but provide no basis on which to evaluate whether there is any sort of...Read more »
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