James J. Hux's answer This would likely be more a breach of contract, which the EEOC would not look at. Unless there is some other discrimination occurring that is not mentioned, you would only be able to bring suit in state court. You should speak with an employment law attorney as soon as possible to discuss your situation in more detail.
James J. Hux's answer They could ask that, but it is suspicious behavior. That could be seen as attempting to dissuade your husband from workers' compensation, which is illegal. You and your husband should contact an employment law attorney as soon as possible and discuss your claim in more detail. Some will offer free initial consultations.
Joseph Jaap's answer You can't make them give you a copy. Can you take a photo of the document with your phone? If not, take photos of any damage to the trailer that they note on the document and simultaneously make your own written record of the damage they are writing down.
Matthew Williams' answer Yes. There are three settings in which that may occur. One, he might just call you up. In which case, it’s entirely within your rights not to talk to him. Two, he could subpoena you for a deposition. In which case you have to sit down an answer his questions or provide legal basis for objecting to them. Three, he could subpoena you to testify at trial, in which case you’d have to answer his questions except those a judge decided were objectionable.
James J. Hux's answer If you believe you have been discriminated against because of your disability, you would probably benefit from speaking with an employment law attorney before accepting any severance agreement. Some attorneys will offer a free initial consultation.
James J. Hux's answer If your employer did so, it could be FMLA retaliation. You should speak with an employment law attorney as soon as possible to discuss your situation in more detail. Some will offer free initial consultations.
James J. Hux's answer You should contact an employment law attorney as soon as possible. It is not clear if you already left or not, but your employer should have paid you on the date of the soonest pay period. Some attorneys will offer a free initial consultation.
Neil Klingshirn's answer Anybody can do anything they want, but there may be consequences. The better question is whether you can recover your vested deferred compensation if your employer wants to keep it for itself.
If the deferred compensation program is covered by ERISA, you have a remedy under Section 510 of ERISA. That remedy lets you file suit in federal court and recover your attorneys' fees if you prevail. If the plan is not covered by ERISA, then state contract laws probably give you a remedy. You...
Neil Klingshirn's answer Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages.
Here, your claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of...
James J. Hux's answer Your employer could potentially be fined, but one thing to consider is if your employer terminated you in retaliation for your report. For that, you should contact an employment law attorney to discuss your situation in more detail.
Michael Karst's answer Without reviewing your short-term and long-term disability policies, it is difficult to say whether your employer went about things correctly. Assuming you are an at-will employee, an employer may terminate your employment at any time and for any legal reason (with a few exceptions). That is still true even if you are out on disability leave. You may want to speak with a qualified attorney regarding your severance package. The law typically requires an employer to provide you with a minimum...
Matthew Williams' answer Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.
Brian Smith Esq's answer It certainly sounds as though they would have to pay. Employers are generally held to comply with their vacation policies. A review of the entire policy should be conducted to ensure there are no exceptions.
Brian Smith Esq's answer More information would be needed to fully evaluate this. The employer must pay you at least minimum wage of course. If you are protected by a contract with a wage rate, or perhaps a union contract, you might be able to challenge this. However, absent a minimum wage violation or contract violation, it is likely that an employer could adjust wage rates based on attendance.
Matthew Williams' answer You are not legally required to disclose any information pertaining to your sealed record. The dismissal depends on the law from another state. But, the rub for you, since they found it, is that they don't have to hire you. So, you can refuse to explain and they can simply take the job somewhere else.
Matthew Williams' answer It's possible they simply weren't reported. The legal system is a bureaucracy like any other. It's also possible these cases were resolved with quick pleas in a mayor's court. Many of the mayor's courts do not put their records online or submit any information to databases so the only way to find the cases is to actually ask the mayor's court, which of course, requires knowing which on to ask.
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