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Thomas A. Ricotta
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Thomas Ricotta’s Answers

320 total


  • I have a case for sexual harassment and retaliation

    I was fired from a private school after working there for almost 20 years. I was fired shortly after I repirted sex harassment by a coworker. The coworker is still there and I was called a liar plus crazy and let go. Now after about a year of my f...

    Thomas’s Answer

    I'm sorry you went through that and your employer chose to have that kind of response. If you do not have an attorney, you should certainly contact one and have them work with you on this, as it is always better to have representation in these types of matters. Their conduct certainly sounds to be unlawful.

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  • May I get severance package?

    My employer gave me 3 months notice and they are going to terminate my permanent position . Since they are eliminating the position. Am I eligible to get severance package? Please let me know what are my rights? Thank you!

    Thomas’s Answer

    There is no legal right to severance, although there may be a contractual one if your company has some written policy as to severance.

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  • Can I file for unemployment insurance if my boss did not withhold UI ins. FICA & other taxes off my check?

    I worked full time and was fired last week without notice. I got paid by check but the company did not withhold taxes from my check and i don't know if they paid UI insurance for me as an employee. Am I eligible to apply for unemployment benefits?

    Thomas’s Answer

    I don't believe your boss's failure to properly handle his unemployment benefits coverage would disqualify you from said benefits. The safest thing to do, however, would be to simply contact the Department of Labor and advise them of the facts and circumstances and see what they say.

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  • Is this discrimination?

    I was one intimidated in my new job when a coworker pointed out a finger at me to another coworker saying:"ask this one here" instead of using my name. On other occasion another coworker asked me about the country of my origins and when said where...

    Thomas’s Answer

    I am sorry you are experiencing this. As an initial matter, you should keep written notes as to each and every incident of harassment that occurs, so that, if it is ever necessary, you have dates and specifics as to what happened that, as time goes by, will be tougher to recall just from memory.

    Additionally, you may want to make a formal, written complaint to human resources about the discrimination and harassment to which you are being subjected. Alternatively, you can file a claim with the State Division of Human Rights. Hopefully, that will help to bring about a resolution and stop the harassment from continuing.

    Also, probably the best thing you can do, in conjunction with the above steps, is to contact an employment attorney to see if there is anything that they can do in order to help protect your rights and/or resolve the situation.

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  • Is your employer responsible for items stolen from an assigned locker?

    Hello, If someone works for a company that provides an assigned locker and a lock to each employee and someones locker is broken into, is the Company responsible for the stolen item...in this case an IPhone. Thank you in advance

    Thomas’s Answer

    I agree with the prior posts here. Barring some extenuating circumstances wherein the employer knew or should have known that the theft could occur, they will not likely be liable.

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  • What happens when an accommodation is agreed upon but employer/human resources doesn't provide it?

    they agree on a reasonable accommodation, but some time passes (6 months) and the employer does not provide it? It's already an accommodation/benefit offered to other employees in the department already. Should the employee file a complaint with ...

    Thomas’s Answer

    If there is a reasonable accommodation that could or should be provided by the employer, then the employee who is not being provided said accommodation will, more likely than not, have a claim that they can pursue in court or in an administrative agency such as the State Division of Human Rights. While you have the ability to pursue a claim in the SDHR on your own, it is always advisable to consult with, and if possible, retain an attorney experienced in the employment law field, to help you navigate through the process.

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  • What to do if I am being treated badly at work for no known reason?

    I have been at my job for approximately 4 years now and was promoted to assistant manager just about a year ago and a couple months after that, my boss(which was female) and a few others were transferred and switched around,so I ended up getting a...

    Thomas’s Answer

    It sounds as though you might believe that the new boss is discriminating against you based on your gender. If this is the case, you should contact an employment attorney to discuss your rights, as gender discrimination is certainly illegal. If you think this is simply a personality issue, or that the new boss is not at least partially motivated by a discriminatory animus toward you, then there may not be a claim.

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  • Is it legal for my employer to suspend me for asking for ADA accomodation?

    I have some seizures and loss of sight intermittently. I asked my employer, which is a State University eatery for accommodation regarding this. I was asked not to return to work until I approach Disability Support Services and get an accommodat...

    Thomas’s Answer

    This is a very fact sensitive question. As a general rule, you cannot be subjected to adverse employment actions due to your disability. If your employer has a reasonable basis to believe there is a legitimate health and safety risk, there may be a defense, but it sounds as though you have been doing your job for at least some period of time with your disability, so it would seem inherently questionable that you would not be able to continue working while the accommodation process is ongoing. You should contact an employment lawyer to discuss this situation in further detail.

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  • I had a 3 year contract that provided I could only be fired for cause. I was fired without cause 2 months ago. I am now employed

    hou much can i go after?

    Thomas’s Answer

    If you are successful, you can likely recover the value of the contract, minus any mitigation that you were able to achieve.

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  • If you call internal affairs on a officer and after ia contacts the agency and they send their supervisor out to ask why

    I called ia on his officer and intimidated me what do I do next? IM in fear for my life and freedom

    Thomas’s Answer

    I'm sorry you are going through this. It certainly may make sense to contact an attorney if you believe they are intimidating you in response to your making a good faith complaint of sexual harassment. You may have a claim of both sexual harassment and retaliation.

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