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Michael Clyde Harman

Michael Harman’s Answers

141 total


  • What are my options ? Do I have a case for a lawsuit?

    I have worked for a "big box" retailer for a little over 8yrs. When I was hired I filled out an availability profile form stating my hours of availability-Mon-fri-7-4. (employees are told to put "open" when filling out this form so they can be pla...

    Michael’s Answer

    You're right - North Carolina is at "at-will" state and it doesn't matter that the company is a publicly traded one; they can still change your work schedule if they want to...under most circumstances.

    It is unclear from your question if you are saying you are unable to work the required schedule due to a disability. The Americans with Disabilities Act requires employers to make reasonable accommodations to allow employees with disabilities to do their job. If they fail to do that, they can be sued. Employers aren't required to provide the exact accommodation an employee requests, but they must try to come up with an accommodation that will work. Sometimes this may mean that the employer is required to alter an employee's job schedule (but not always).

    If this is the case, I would recommend consulting with a NC employment law attorney to discuss the case in detail to see if you may have a claim or at least justification for asking the employer to provide you with a different schedule.

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  • May I ask the plaintiff to provide a copy of his doctoral degree certificate to see if he has a credibility issue?

    I have been involved in a civil case in Raleigh, NC. The plaintiff alleged many untrue "facts" in his complaint. We went through a deposition during which he stated that he has a doctoral degree in a field which was totally different from what h...

    Michael’s Answer

    Mr Love is correct - you can certainly ask for a copy, but you will likely be met by an objection. It doesn't hurt to try though.

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  • What do I do?

    McDonald's sold me a raw burger.I contracted gastritis and they blew me off basically.They said they weren't responsible for my diagnosis!

    Michael’s Answer

    The other attorneys are correct - if you have medical records supporting your claim, you could have an attorney send a demand letter to McD's to try to get compensation. You could litigate this, but it may not be worth it. Good luck.

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  • Do you file and go to court that fast. I have to travel back to nc for this case and dont know if i can afford it or my health

    I'm having to sue my ex landlord for a serious fall I had. How can I tell what insurance coverage he has. My attorney is filing in march, the fall happened in nc, two yrs ago and nc has a three yr. Limit to file. I hired the attorney one year ago...

    Michael’s Answer

    The answers from the other attorneys are right - you cannot file a lawsuit and go to trial in the same month. I think you may have misunderstood what your attorney said. I would recommend setting an appointment to discuss the case in detail with your current attorney and see what options you have. Make sure you understand what they are saying. Many clients get upset with their attorneys without giving them an opportunity to fully explain what is happening with their case. However, if you are still unhappy with what your attorney tells you, you could consider finding a new attorney to represent you.

    Good luck!

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  • Can I receive unemployment if I quit my job due to my daughter being ill.

    I was disqualified for unemployment because they felt like it was not a good cause. I left my job due to my daughter being ill.

    Michael’s Answer

    Mr. Love is right - unfortunately, you cannot receive unemployment benefits when you quit due to a family member's illness. I hope your daughter gets better.

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  • What Should I Do?

    I left my job with out giving a previous notice, and started working in a new company. My employer never gave me my last paycheck. It's been a few weeks and I still haven't received anything from them. What should I do?

    Michael’s Answer

    Mr. Jackson is right - definitely reach out to the Department of Labor and they should be able to help you. Good luck!

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  • Would an employee be able to collect unemployment for the reason that he or she was fired over the phone?

    I have an employee that I would like to fire over the phone since I see no reason for her to return to the office just to get fired. If I did that would that be a viable reason to collect unemployment?

    Michael’s Answer

    Mr. Love is right. It doesn't matter if you terminate the employee over the phone, through email or in-person. What matters is the reason the employee is terminated. Even when an employee is terminated, they are entitled to unemployment unless the employer can prove that they were terminated for misconduct connected with their work.

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  • Can I be fired if I told the company that I had a criminal record and I even told them what is was and they hired me anyway.

    Now Two years later they say I shouldn't be working there

    Michael’s Answer

    Yes, you can be fired based on your criminal record, even if your employer was aware of it at that time of hire. With that being said, it's possible that you may be eligible to receive unemployment benefits under these circumstances.

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  • Hi I'm planning on building a case against starbucks for discrimination. How would I go about getting a lawyer.

    Also would pro bono be available, or are there any cheap lawyers around?

    Michael’s Answer

    Discrimination cases can be very complex and hard to prove. You will probably not be able to find an attorney to assist you in the case pro bono, but you may be able to find one that would be willing to do it on a contingency basis (they don't get paid unless you do). That will depend largely on the strength of your case and your likelihood of success. Also, keep in mind that the old saying, "you get what you pay for" often rings true.

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  • I am a teacher at a Charlotte Charter school. I have been forced to resign. Do I have legal recourse?

    I was called in abruptly 2 weeks ago, had many accusations thrown at me, and impossible criteria for keeping my job. I have not been given a chance to refute the accusations but must meet the disciplinary requirements. Prior to this time I had ...

    Michael’s Answer

    • Selected as best answer

    I agree with Mr. Ward. You should definitely consult with an employment law attorney to see if you have any possible options. Good luck.

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