Drake Preston Bearden Jr.’s Answers

Drake Preston Bearden Jr.

Mount Laurel Discrimination Lawyer.

Contributor Level 4
  1. DO I HAVE A CASE FOR WRONGFUL TERMINATION/WHISLEBLOWER/RETALITATION?

    Answered over 1 year ago.

    1. Drake Preston Bearden Jr.
    2. Allan E Richardson
    3. Charles V. Curley
    4. Yolanda Navarrete
    4 lawyer answers

    Under the Conscientious Employee Protection Act or CEPA it is illegal for an employer to terminate an employee for reporting illegal acts. If this is in fact the reason you were terminated, you should contact an attorney about a possible lawsuit. Feel free to contact my office at 856-778-9700.

    Selected as best answer

  2. Can an employer get rid of your job if you are maternity leave?

    Answered over 1 year ago.

    1. Drake Preston Bearden Jr.
    2. Andrew Scott Abramson
    3. Meghan Hayes Slack
    3 lawyer answers

    There are several laws that protect you while you are out on maternity leave. One is the Pregnancy Discrimination Act ("PDA") and the other is the Family and Medical Leave Act ("FMLA"). There are certain criteria you must meet to be protected by the FMLA, but if you meet these criteria your employer must return you to your previous position or a comparable position upon your return from medical leave. There are many exceptions to this rule, however. Therefore I would suggest that you...

    4 lawyers agreed with this answer

  3. I am currently out of work due to a stroke. Why is it that I am only allowed 12 weeks FMLA? Or do I get 26 if needed?

    Answered 11 months ago.

    1. Fred S Shahrooz-Scampato
    2. Christopher Edward Ezold
    3. Drake Preston Bearden Jr.
    4. Marilynn Mika Spencer
    4 lawyer answers

    Employment law in New Jersey and on the federal level is very complicated and what constitutes a violation of the law is very fact specific. I suggest you contact a law firm in New Jersey that handles these matters to ascertain whether or not you have a claim.

    2 lawyers agreed with this answer

  4. Wrongful Termination.

    Answered 11 months ago.

    1. Martin Michael Barry
    2. Drake Preston Bearden Jr.
    3. Allan E Richardson
    3 lawyer answers

    Employment law in New Jersey is very complicated and what constitutes a violation of the law is very fact specific. I suggest you contact a law firm in New Jersey that handles these matters to ascertain whether or not you have a claim.

    2 lawyers agreed with this answer

  5. Im a salaried manager with a employment agreement to work specified hrs .

    Answered 11 months ago.

    1. Yolanda Navarrete
    2. Drake Preston Bearden Jr.
    3. Hanan M Isaacs
    4. Gregory Philip Bowes
    4 lawyer answers

    Employment law in New Jersey is very complicated and what constitutes a violation of the law is very fact specific. I suggest you contact a law firm in New Jersey that handles these matters to ascertain whether or not you have a claim.

    1 lawyer agreed with this answer

  6. In the state of nj - is a 'forced unpaid leave of absence' legal for a company for an employee who is medically restricted

    Answered over 1 year ago.

    1. Drake Preston Bearden Jr.
    2. Fred S Shahrooz-Scampato
    3. Yolanda Navarrete
    3 lawyer answers

    Under the New Jersey Law Against Discrimination and the ADA it is illegal for an employer to force an employee to take unpaid medical leave or FMLA if there is a reasonable accommodation for the employee's disability. In other words, if there is an available accommodation for your medical condition that does not cause an undue hardship to your employer's business, they must provide the accommodation. Feel free to contact my office at 856-778-9700 if you have more questions.

    1 lawyer agreed with this answer

  7. Do I have a case or can I have the person who lied to me fired?

    Answered over 1 year ago.

    1. Christopher Edward Ezold
    2. Drake Preston Bearden Jr.
    3. Elizabeth Tandy Foster
    3 lawyer answers

    I agree with what the previous attorney said, that you most likely do not have a claim unless you were not hired because of your race, gender, national origin, religion, disability, or age. I would only add that there is a concept in the law called promissory estoppel, where employers have been held liable where they promise employment, and the future employee relies on that promise to his or her detriment. In other words, if you lost the opportunity to work another job because of this promise....

    1 lawyer agreed with this answer

  8. Can I do anything about them forcing me to leave due to the hostal work place they left me in?

    Answered over 1 year ago.

    1. Andrew Scott Abramson
    2. Drake Preston Bearden Jr.
    3. Herbert J Tan
    4. Meghan Hayes Slack
    4 lawyer answers

    There are Federal laws and Pennsylvania state laws that prohibit your employer from discriminating against you because of your race, retaliating against you because of your complaints, and subjecting you to a hostile work environment. If you were forced to leave your job or what is called "constructively discharged" from your job because of these issues you may have a claim, depending on the circumstances. I would suggest that you immediately contact an attorney in your area who handles...

    1 lawyer agreed with this answer

  9. Manager asked me to discriminate against who I hire. What to do?

    Answered over 1 year ago.

    1. Christopher Edward Ezold
    2. Joseph Alexander Hirsch
    3. Drake Preston Bearden Jr.
    4. Darrel S Jackson
    4 lawyer answers

    If your boss specifically told you not to hire African Americans, that is a violation of federal and state laws. You should consult an attorney who handles employment matters. Feel free to contact our firm, we have handled many employment discrimination matters in Philadelphia.

  10. Can I sue for being fired two weeks after coming back from FMLA?

    Answered over 1 year ago.

    1. Charles V. Curley
    2. Allan E Richardson
    3. Fred S Shahrooz-Scampato
    4. Locksley O'Sullivan Wade
    5. Drake Preston Bearden Jr.
    6. ···
    6 lawyer answers

    Under the FMLA an employee can take up to 12 weeks leave to take care of a family member (in this case your newborn baby). FMLA guarantees that when you return from leave you are entitled to the same position you had when you left. Therefore, your employer cannot terminate you for taking leave. However, they can terminate for other reasons. The timing of your termination seems extremely suspicious. You should contact an attorney to discuss your rights. Feel free to contact my office at 856-778-9700.