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Samuel John Cordes

Samuel Cordes’s Answers

33 total

  • Can I get unemployment if I have to quit my job to relocate to another state for my husbands job?

    My husband lost his job a month ago we are in Pennsylvania. His boss offered him another position in Cleveland its way more money than I am making and we can't make it without his income . if I quit to relocate to Ohio can I get unemployment?

    Samuel’s Answer

    If the reason you quit was to follow your spouse you should be eligible for UE comp. benefits in Pennsylvania

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  • I am a professor at a university. For the last three years I have applied for a promotion.

    The first two years I was denied. This third year I will be denied again. The first year I met all of the requirements, had recommendations, and was turned down by the promotion committee. Last year a departmental person violated the union contrac...

    Samuel’s Answer

    Do you have any idea why you are being turned down--not what the University is saying, but why actually you are being denied? In employment law "why" is often the most important question to ask. If it is race or gender or age based you could directly challenge the decision in federal court under either Title VII of the Civil Rights act of 1964, or (for gender) under Title IX of the Education Amendments. So the question to consider is the "real" reason all this is happening.

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  • Can a sick bank committee impose a penalty on an employee 's request for sick days if the employee is a Type I diabetic?

    I am a teacher, have 7 1/2 sick days left & Triple bypass coming up. We have a sick bank rather than group disability. The bank uses a chart to impose a penalty if you have few days left compared to years of employment. I've had to use many days d...

    Samuel’s Answer

    From what you describe, the answer is absolutely YES, it is covered by the ADA. The employer has an obligation to reasonably accommodate any impairment that substantially limits a major life activity, and providing leave is just one way to accommodate. In addition, the time you have taken off appears to me to be also protected by the Family & Medical Leave Act, which provides for 12 weeks of leave to care for your own (or a spouse, child or parent's) serious health condition. You need to challenge your employer's practice because it violates at least two federal employment laws.

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  • What happens if an employer doesn't respond to the EEOC?

    I filed a charge of sexual discrimination and retaliation against an employer in September, after being terminated when I reported my boss and his district manager for harassment and intimidation for the fourth time in a year with no follow throug...

    Samuel’s Answer

    You need to understand that in the real world nothing that happens at the EEOC means anything. It rarely if ever conducts a meaningful investigation; the fact that it finds cause or not is not even admissible in court. If you filed a charge in September, you can obtain a Notice of Right to sue from the EEOC in March, and file a lawsuit. I have had clients wait years for the EEOC to do something. I have been practicing more than 25 years and I can count on one hand the number of times the EEOC investigative unit has been any help at all. The only reason you file with the EEOC is because Congress says you must if you want to bring suit. You have to wail 180 days after filing to get a right to sue. Don't get all that concerned about what has happened at the EEOC. The real action will occur when you get to court.

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  • I work for a temp agency and 3 black women at my job faces racial discrimination daily. its very bad, even from management

    I've been at this company for a year

    Samuel’s Answer

    Complain about this to management. Do it in writing. Your employer cannot legally retaliate against you for opposing race discrimination--even if the discrimination you oppose does not specifically affect you.

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  • I WAS OFF FOR HIP SURGERY AND NOW MY BOSS WONT LET ME COME BACK LIGHT DUTY. HE SAYS I CANT COME BACK UNTIL I AM FULLY RELEASED.

    I BROKE MY ARM SEVERAL YEARS AGO AND HE GAVE ME LIGHT DUTY WORK PLUS 2 OTHER EMPLOYEES HURT THEIR BACKS AND WERE ON DESK WORK. WE HAD ORIGINALLY TALKED ABOUT EVERYTHING I COULD DUE THAT WOULD BE CONSIDERED LIGHT DUTY....NOW ALL OF A SUDDEN THAT ...

    Samuel’s Answer

    If your hip surgery is caused by an impairment that substantially limits you from performing a major life activity, your employer's "fully healed" 100% release to full duty is going to be a violation of the ADA because it negates the employer's obligation to reasonably accommodate your disability. Have your doctor ask that the employer reasonably accommodate your disability by allowing you to work light duty. The ball in then in the employer's court to engage with you and your physician if it says the accommodation you seek cannot be provided.

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  • Do I as an employee have to sign a disciplinary action form?

    verbal conversation between two employees, one called the other stupid and the other accused the other of not putting in referrals.

    Samuel’s Answer

    Well, no, you do not. But what you are really asking, I think, is whether the employer can fire you if you refuse to sign and the answer is most likely yes. However, if you are disciplined because you have complained about illegal conduct of the employer, or because you opposed discrimination, and the employer uses your failure to sign as a pretext to get rid of you, you would have a retaliation claim under state or federal law. In employment law, WHY some action was taken is almost always more important than WHAT was done to you in determining if you have a legal claim against the employer

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  • I texted in sick to work today because i am a waitress is it legal for them to fire me do to me calling out sick?

    my manager was very rude to me and this is not the first problem i have had with them. Most of the time my work checks can not be cashed due to there accounts not havening enough money in them.

    Samuel’s Answer

    Depends. If your calling off sick is because of a serious health condition, or because of a physical or mental impairment that substantially limits you in a major life activity, you could have a claim against the employer for violation of either the Family & Medical Leave Act, or the Americans with disabilities act. Both have specific requirements--for the FMLA you have to have worked at the employer for at least a year, and the employer must employ 50 or more employees. For the ADA less employees, and no time on the job, but an ADA disability is must more difficult to show than an FMLA serious health condition. You need to talk with an employment lawyer about coverage of either of these. However, if you qualify and are seeking FMLA time off, or asking for a day off as an ADA reasonable accommodation, the employer cannot fire you for calling off sick.

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  • I feel that I was assaulted by a co-worker. Personal space was violated, voice raised, physically moved object I was leaning on.

    Co-worker has previously been reported to our manager by other workers for being verbally aggressive with me. No noticeable changes after reporting. I was cornered between her, a cart of dirty trays, and an industrial dishwashing sink/counter. Beg...

    Samuel’s Answer

    • Selected as best answer

    Obviously your co worker assaulted you, and committed a battery if she touched you in a harmful or offensive manner. The real question, however, is whether you can hold your employer responsible for the co-worker's conduct. Generally not, because such conduct is not in the course and scope of her employment. However, like most questions in this area, the real answer is going to depend on why. If she does not like you and engaged in this conduct because of your race, your gender, your age, the fact that you have a disability, or some other protected classification, then your employer will have an obligation to take prompt and effective action, reasonably calculated to stop the conduct, once you have complained to it. if you have not complained about your coworkers conduct, do so, as soon as you are able...complain to your manager, or her manager. But the complaint needs to address the reason. Absent that, I really doubt the employer is going to be responsible and if it is not, any civil action you would have against the co-worker would most likely he impossible to collect.

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  • How do I know if my job is breaking overtime laws?

    People at my job worked overtime, and not get paid overtime because those hours got moved to the following week, so they don't have to pay overtime. Is this legal?

    Samuel’s Answer

    One issue that may affect the answer to this question is that an employer can use a two week period for computing overtime hours in some cases. This is a very fact specific question. Does the employer do this every pay period. Do you have more than 80 hours in every pay period...or in any. Those are questions that will affect this analysis

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