Bernard P. Healy's answer I do not have sufficient information to answer this completely or with true accuracy. Under Federal and Rhode Island Law, a supervisor cannot discriminate against employees for certain reasons. Those reasons are race, gender, age, disability, perceived disability, ethnic background, religious affiliation, etc. If you are being passed over for over time secondary to these types of discrimination, you have a remedy you can pursue either in Court or at the Rhode Island Commission for Human Rights....
Bernard P. Healy's answer I do not have sufficient information to answer this question fully or accurately. Let me give you my initial impressions. I assume you are a member of a Laborers Union which has assigned you for many years to a specific business. You have apparently performed your job well and you are being forced out of your position because the union steward wants a relation of his to fill that position.
While discrimination is barred under many State and Federal Laws, including Rhode Island's Fair...
Bernard P. Healy's answer I do not have specific information to respond fully to your question. Since you have been receiving SSDI since 2006, I assume that you took your early pension at approximately that time. Since this was an employment related benefit, the governing Law was probably Federal, the Employee Retirement Income Security Act. At this point, more than 10 years later, the likelihood of your reversing that assignment is slim to none.
Neville Bedford's answer CONGRATULATIONS on the arrival of your son. Speak to an employment lawyer and make an appointment to review your contract. You have the right to work anywhere you choose, so your best remedy may be in finding another employer who will give you the hours you want and the time off when you need it. As a contractor, one generally does not get paid vacation - time off even for the birth of a new child.
Neville Bedford's answer For your own peace of mind, you might be looking for a new live/work situation. A restraining order will likely necessitate exceptions to allow for incidental contact at work/home and may be of little help to you.
Peter N. Munsing's answer Depends on your school and board of ed policy. Your innocent until proven guilty so it makes sense to get an attorney who has experience in those types of matters, and handles cases before the judges in the county where the court will be sitting to represent you.
Neville Bedford's answer That is an excellent question. Here is a link to some of the NATIONAL GUARD/ ARMY Regulations to help you get started on your research.. http://www.ngbpdc.ngb.army.mil/pubs/350/350-1.pdf (116 Pages)
Neville Bedford's answer Know that truth is a defense to these type of allegations(with some exceptions). Don't discuss the case in a public forum. Consult with an attorney in private and see if they will attend whatever hearing your employer may provide. You should have a right to know whom made this allegation(and know whom the defendant may be if you decide to take further action) that was forwarded by the doctor but if they have a policy that differs from that, you may not. get a copy of the employees...
Neville Bedford's answer Meet with an employment law attorney to discuss the particulars. They will explain what "at will " means and evaluate your particular situation to examine whether you were terminated for an impermissible purpose.
Neville Bedford's answer This sounds like a good case to discuss in private with an employment law attorney who will help you petition the appropriate regulatory agencies that police this type of misconduct. Have you son call one in the few minutes he is not working or sleeping.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.