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John A. Gallagher

John Gallagher’s Answers

207 total


  • I am on FMLA from my job i have been there for 2 years now. My paper work has not been settled yet

    My boss knew i was still in pain after only being out of work for 4 weeks and still put me on the schedule My dr faxed over the paper to HR at my job but they needed the original paper too, my dr mailed me the paper work but i haven't gotten it ye...

    John’s Answer

    Sounds like a potential claim. Call a local employee rights attorney without delay. I can fill you in on my thoughts if you want to ring me.

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  • Im a cashier at a company and recently filed a harrassment charge against another employee. Nothing was done.Any legal recourse?

    I went to a manager to file a harrassment charge and the manager said she would send it to corporate. About two weeks later she called me in to her office and said corporate decided the guy would still work in the store I am in. I am thinking of c...

    John’s Answer

    You may want to consider putting your follow up to HR in writing. Depending on the degree of the severity of the harassment, you may also want to file with EEOC. You probably should consult with a local employer rights lawyer without delay.

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  • I have given verbal warnings no help

    Hello, I am a manager at a restaurant and you know how the kitchen staff can be somewhat rude and disrespectful to servers. I was approached by several employees about being verbally abused with attacks like...your a stupid bi..., fu.. off, stu...

    John’s Answer

    Of course: you can write the offending employee(s) as these events take place. Remember, too, the longer you tolerate such nbehavior, the greater likelihood that you could be "allowing" a hostile work environment to persist. So, the soundest policy and practice is as follows: warn one time for these serious offenses, say next time you are out, and next time give them their walking papers.

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  • I would like to know the number of hours I can work on one temporary assignment for a temp agency?

    I was hired October 26, 2010. At that time I was told I could work a total of 1200 hours, at which time I would either be placed on lay off or I would be offered a conversion to become an employee of the assigned job location. Two weeks ago, we ...

    John’s Answer

    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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  • Can I take legal action for being harassed at work?

    My supervisor recently reported me to management saying that I was sleeping on the job and had my head on my desk. Also, said I was Texting during working hours. Neither of these events actually occured. This supervisor has been trying to get me i...

    John’s Answer

    Not sure there is much you can do to save your job. May I suggest lookinmg at my Blog, where I have discussed this type issue on many occasions. See link below. You can and should report the situation to HR, in an e-mail (copy yourself at home); that may help, but there are no guarantees. See my Blog on what typically happens when employees without any legal rights makes a complaint to management.

    At this point, you probably need to focus on 1) not quitting your job; 2) preserving your rights to unemployment. See my Blog on those issues as well.

    Call me if you require anything further.

    John Gallagher

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  • What are the labor rules around companies offering overtime in increments to avoid paid breaks?

    Employer is offering voluntary Overtime from 9a to 10p. But in two hour increments. Anything beyond two hours employee gets an additional paid break. Of course we can work 4 hours additional and on, but three is out of the question.

    John’s Answer

    Generally, if you work overtime, you must be paid overtime wages. A company cannot, via an agreement with an employee, even a purely voluntary agreement, get around this requirement. That is the general answer to your question, and I hope that it helps.

    John Gallagher

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  • Can u write up a entire staff for a unknown persons error if u don't know who did it.

    My manager in a cafe Corp owned are trying to have u's sign an agreement stating that we agree if they don't know who is misdating product that the entire shift will be written up and I refused to sign it and was told to go home is this legal. Can...

    John’s Answer

    You are employed at will; therefore, the company can do as it wishes unless it is doing something to discriminate against you due to your age, race, sex, disability, etc. Your principle is understandable, but principle does not pay the bills. Please search through my Blog; it provides extensive information on things such as employment at will, quitting work, etc.

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  • Ive been at the company for almost 6 months and for the past month have not got my per diem money. can i collect uc if i quit?

    The companies policy is that if you're outside of a 50 mile radius of elderton, pa that you will recieve 50 dollars a day per diem for gas money. Our locations for the past month have been just over 54 miles outside of elderton and they refuse to ...

    John’s Answer

    If you quit, I do not believe you will be entitled to unemployment. First since it is understood that sometimes you work more than 50 miles away, the recent tour of duty does not reflect a change in your circumstances that is needed to justify a quit. Second, the loss of per diem money, while crucial to you, is not a big enough financial loss to justify a quit under the law. I do a lot of UC work in PA, and am pretty confident on this issue.

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  • Do I have any legal rights when my employer laid me of and now rehires somebody for the same position (in CT) ?

    I was recently laid-off by my employer because of "work force reduction". The company resides in Connecticut. Now I hear from former colleagues that the company tries to refill my position. I never got the information that they were unhappy with m...

    John’s Answer

    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 discrimination, sexual harassment, etc.?

    Any possible claim is found in the answers to these questions. See my Website or Blog for more information about claims such as these. If you think you meet the criteria, call a qualified employment attorney.

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  • Is my employer aloud to deduct my wages for damage to a door?

    I work at a salvage yard in Pa. and i damaged a garage door with a forklift and my employer is deducting $50.00 a week for the damage, are they aloud to do this? isn't that what insurance is for? the door was damaged in December 2010 and they sta...

    John’s Answer

    That is probably an unlawful act, unless the act by you was intentional. All wages due and owed to you must be paid to you. See my Website.
    However, the case is so small, you probably would have to pursue it on your own through small claims court. Also, if you make such a claim, and they fire you, your would not hava claim for wrongful termination.

    So, the choice is a difficult one - job security versus losing thgis money you have earned.

    However, the statuite of limitations on your claim is 3 years, so if you quit or are fired in 6 months, you can go after them then...

    Hope this was helpful.

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