Leizer Z Goldsmith's Answers

My landlord has been sexually harassing me & I am not sure what I can do about it. I do not want to be kicked out.

The law does have remedies for this. One way to go is to consider getting a "restraining" or "stay away" order. You also may be able to bring a civil suit against him for assault, battery, intentional infliction of emotional distress, or on some other such basis. You really should try to find counsel in Massachusetts to assist you; I'm really sorry about what you are going through.

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I need help. I've been sexually harrassed by my employer and constructive discharge. I reported them to Human Relations.

The legal process needs to begin at the Prince George's County Human Relations Commission, but I highly recommend that you contact counsel with experience in the Maryland courts.

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My job's accountant says that my employer is not obligated to pay overtime if they have less than 50 employees. Is it legal?

The Fair Labor Standards Act compels employers to pay time and a half for hours in excess of forty per week. Having less than fifty employees is irrelevant to this and does not negate the obligation. Your employer's desire to change your status to "subcontractor" may be for the purpose of avoiding paying the overtime. Whether or not the changed status would actually accomplish that legally for the employer depends on details which you should certainly share with a qualified employment...

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I am a State employee. I have been threatened with termination for asking how to file a complaint of harassment?

The first question that your question raises is whether the harassment you assert was inflicted on you based on any protected status, such as race, age, disability, sex, etc. In other words, there may not be a remedy for this if it was not done for a prohibited reason. There is also a question as to whether the harassment was sufficiently severe to constitute a hostile environment within the meaning of the law. You will need to contact qualified counsel to get more deeply into this and...

Can an employer suspend or terminate union employees who were arrested while picketing during a strike?

There are some important variables that your question does not address, but in general, under the National Labor Relations Act, it is a violation to fire an employee for engaging in protected activity such as lawfully picketing. On the other hand, it may not be a violation to terminate for a legitimate reason that has nothing to do with union activity, such as improper behavior with a police officer, so this becomes a question of the employer's motivation. This sounds like a potentially good...

Looking for Pro Se assistance in an MSPB appeal based on marital status discrimination. (asst. with Discovery Process)

As you know, MSPB conducts a very fast-paced litigation/hearings process in which the time for discovery is extremely tight. Please contact qualified counsel here in the D.C.-area to obtain assistance. It is very tough to win at MSPB while pro se.

If you are layed off as part of a reduction in force, can that position be back-filled by another employee?

Unfortunately, your question does not present enough background information to support an informative answer. Could you spell out some more information, such as whether this is a union position, who was impacted by the reduction in force, who was not so impacted, who received the position and what that person was doing before? With some further background, perhaps someone on this board can get you pointed in the right direction.

I work 16 hour a day but only get paid for ten hour how can I get the rest that he own me

Assuming you were working in Maryland, in addition to Fair Labor Standards Act, make sure your lawyer takes note of the Maryland Wage Payment and Cocllection Act. That law provides for an additional damage award of up to triple your lost income, for any wages due that were not paid.

I work 16 hour a day but only get paid for ten hour how can I get the rest that he own me

Assuming you were working in Maryland, in addition to Fair Labor Standards Act, make sure your lawyer takes note of the Maryland Wage Payment and Cocllection Act. That law provides for an additional damage award of up to triple your lost income, for any wages due that were not paid.

If I am unable to perform my current job does my employer have to offer me another position

Your situation may implicate the Americans with Disabilities Act and Social Security Disability. You may be entitled to accommodations within your current position or even to transfer to another. You should contact counsel immediately on this, as it will be very difficult for you to figure out all the relevant considerations or to maximize your negotiating leverage on your own.