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John A. Gallagher's Answers
- 207 Legal Answers
- 21 Legal Guides
2
Attorney answers:
I lost my job due to position eliminated, now my old job is posted-can I sue over this?
If you are in a protected class, such as over 40, disabled, minority, and you were replaced by someone who is not in a protected category, you may very well have a claim. Also, if you are being retaliated against for asserting your rights under a state or federal law such as those governing disability leave, overtime or workers compensation, you may have a claim. Finally, if you were terminated because you had previously complained about discriminatory conduct that affected you, you may have...
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3
Attorney answers:
Do I have any legal rights when my employer laid me of and now rehires somebody for the same position (in CT) ?
There may well be - do you believe that you were laid off because of your age, race, sex, national origin, religous beliefs, disability? If so, was the person hired to replace you of a different "persuasion." Do you believe you were you laid off because you took FMLA Leave, sought overtime pay or filed a workers compensation claim? Do you believe that you were laid off because you were a victim of sexual harassment? Do you believe you were laid off because you complained about illegal...
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2
Attorney answers:
I was fired because my kid was sick i called out but the manager told unemployment i did not call out this is after i called hr
If the illness was isolated in nature (that is, not an outbreak of an existing condition), then you probably would not be entitled to FMLA leave for the absence. See my Website for more information on FMLA Leave. The Unemployment Case may be winnable. First, they have to prove you were a no call, no show, which you dispute. Then, even if it was a no call no show, if you had not previously been warned about similar conduct, I do not believe that would be willful misconduct. see my Blog on...
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2
Attorney answers:
Do I need an employment attorney?
Do you know for sure that your immediate supervisor did not take steps to address the situation? Perhaps the school did not think it was a terminable offense. I am not sure if you would have a valid wrongful termination claim if you reported it to an outside agency. I suppose the question is, do you want to risk your job over this? Given the hardship of unemployment, your focus on a potential lawsuit may be misplaced. If you truly feel it is worth losing your job to take this to the next...
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3
Attorney answers:
Can I contact insurance compnay responsible for slip and fall injury case directly/
While you do not have to get a new lawyer first, it might not be a bad idea. Sometimes, insurance companies will pay more to a lawyer than they will to an individual. With regard to your lawyer, if you do not terminate his or her representation, and then settled the case on your own, that could lead to a dispute with an attorney as to what fee if any is owed for his or her services. Therefore, the safest course is to terminate your existing attorney and then either hire a new one, or...
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2
Attorney answers:
I was sent home early today for an argument with me and another employee but she wasnt is that discrimination
I would say that threatening to hate your female co-worker in the face is sufficiently serious to justify sending you home. I do not see a discrimination claim here. I am assuming you are a male, but the mere fact that you are male and she is a female would not support a discrimination claim unless she engaged in exactly the same conduct as you did. Further, even if you both engaged in the same conduct, that is threatening to hit each other in the face, that would not justify a...
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1
Attorney answers:
I would like to know the number of hours I can work on one temporary assignment for a temp agency?
Simply stated: None whatsoever. It is a matter of private contract between the parties in question. It appears that they have "amended" the contract that you understood to be in place at the outset of the assignment. However, there is probably nothing that you can do about that.
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3
Attorney answers:
Can I be forced to either resign or face job abandonment?
This is a very complicated situation, and I do not think you will find your best strategy until you meet with a qualified employment lawyer. However, I have several videos on the issues you raise that you may find helpful. Go tot he link I inserted below, and then click on my YouTube videos. They will provide some guidance although, as I said, what you really need is a consultation with an employment lawyer to come up with a good strategy to either protect your job, or to ensure that you get...
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1
Attorney answers:
Can a union request the chief union steward to step down?
Well, you of course can do so, but the question is - was the Steward elected or appointed? If appointed, then by whom? The power of a Union is substantial - if, for example, every member (or at least an overwhelming majority of members) in the union wanted this person to be removed, there would be a way to make it happen. If the person was elected, then you may have to wait for the next election, since it is likely that not everyone in the Union wants he/she to step down.
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1
Attorney answers:
Is it legal for an employer to take time off of you?
No, it is not. And, if you are entitled to overtime, and the cumulative amount of the time he is taking away would require the payment to you of overtime, that is another problem for the employer. So, assume you are working 40 hours per week on the clock, and another 1 hour "off of the clock" the the employer would owe 1.5 hours of overtime. The question is: what to do? If you report it to the Department of Labor, the employer may fire you. If you go to an attormey, the employer may fire...
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