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Leizer Z Goldsmith
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Leizer Goldsmith’s Answers

295 total


  • What should I do? Do I have a case?

    I work a lot of overtime at work however my overtime rate per hour changes every week. I was told by my HR that technically the more hours I work, the less my rate per hour is. But when I went back to check my paystubs, I would work 10 hours of ov...

    Leizer’s Answer

    Overtime law is highly technical, but generally speaking, this sounds fishy. You should review the entire situation with employment counsel, to see what legal claims you might have. There is a good chance that this represents a violation, and there may be others you have not thought of.

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  • Do I have legal grounds to get my job back. I went through the appeals process. The HR department kept postponing the appeal mee

    I was sexually assaulted by a client I provided case management services to. While on sick leave it asked to be transferred to another location for fear of the client. I was transferred to another location but given an entry level job I than began...

    Leizer’s Answer

    You may well have grounds. The employer is not permitted to punish you for protesting sexual harassment. You should not have been put in a position to fail. It sounds like there may be an FLSA violation on the pay, though there are many caveats there. Of course, as always, the devil's in the details.However, this sounds like one where you should be consulting with qualified plaintiff's employment counsel.

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  • Do I have a case and do lawyers take on lawsuits cases that are pay only if you win?

    I was sexually harassed by a Family Dollar employee about a year or two ago and reached out to the store. Initially the manager didnt want to do anything and I pressed him to take action. I was later contacted by a corporate rep and asked my exper...

    Leizer’s Answer

    The short answer is that there are numerous employment lawyers who will consider this kind of case, including for a contingent fee. Please look at some of the profiles of lawyers on this site.

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  • Is the way they are handling the salary or termination legal?

    As a Maryland salaried employee does the employer have to pay you for the entire week regardless of missed hours or if they regulated that you not come in? Said employer treats said employees as if they are hourly, docking missed time but also ...

    Leizer’s Answer

    You have several issues here: the employer appears to be violating wage and hour law, by trying to have it both ways on whether certain employees are exempt from overtime rights; also, you may have been entitled to the ADA accommodation, depending on the specific facts. Considering that there are two serious issues here, you should contact qualified plaintiff's employment counsel, to learn more about your rights and their possible vindication.

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  • From a legal Perspective how can her safety be insured?

    My sister was approached and put in an uncomfortable situation by her boss. Once she reported the situation the investigator informed her that while the situation was being looked into, he and she would not have to encounter each other. However th...

    Leizer’s Answer

    The employer has a legal interest in protecting your sister, since its liability may end up hinging on whether she is further harassed. However, that doesn't mean it will do so. You need to provide the facts in detail to an employment attorney, who can then work with you on what to do next. This sounds like a serious situation that may well have legal ramifications.

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  • Is being denied the time for surgery legal and should I seek legal matters against my company?

    In 2014 I had tried to schedule surgery in July, I was denied the time reasoning that it is the busiest time of year for our business. since then a co-worker in the same department has been giving vacation time for that exact week and now has vaca...

    Leizer’s Answer

    You could certainly consider it. Does your co-worker have the same job as you or a different one? Note that both the Family & Medical Leave Act and Americans With Disabilities Act may help you here. Consider contacting counsel to describe more fully and discuss the best next steps.

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  • What are my rights in this situation?

    I'm facing termination from a Washington, D,C. unarmed security officer position for a policy violation on the job. This is a union position.

    Leizer’s Answer

    Speak to your union representative first, as your collective bargaining agreement should provide certain potential remedies. Note also, however, that if your employer's allegation is false, there is a possibility that some kind of discrimination or other legal claim may lie. In that case, private counsel may be more helpful than the union, and you should contact qualified plaintiff's employment counsel for a consultation.

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  • What can I do

    I am trying to find out if I can sue my company for allowing a co worker to sexually harass multiple times. I have reported it several times but each time they place me on a final notice for causing problems without evidence. They said the camer...

    Leizer’s Answer

    This sounds like a very big problem for the company. Contact counsel immediately!

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  • EEOC states that these are issues that could be conscribed as age discrimination issues so why are companies doing this.

    I have experienced situations where prospective employers are requesting social security information and / or birth date info just to fill out an application. I have been in the management field for years and the one thing that I have learned is t...

    Leizer’s Answer

    If you suspect that an employer is discriminating based on age, contact qualified plaintiff's employment counsel, and see if you can get representation to investigate and possibly initiate legal action. One way of looking at this is that the employer can't utilize the defense they otherwise might make to an age discrimination in hiring claim--that they did not know the applicant's age-- if they have routinely collected age information. This makes discrimination liability more likely than it otherwise would be.

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  • What can she do? Would this be a valid EEO complaint for age discrimination?

    After 26 years of employment for local county government in VA my sister in law was told that she would not have a job as of Jan 1 because she is now 55 yo and it was time for the younger people in the office to have a chance at being Chief Deputy...

    Leizer’s Answer

    She needs to speak to an experienced plaintiff-oriented employment discrimination lawyer, right away. A statement like that, together with the timing, may be dynamite age discrimination information.

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