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Clare Michaud

Clare Michaud’s Answers

5 total

  • Can i collect unemployment if i quit due to hostile work environement?

    A supervisor came into a meeting where myself and 3 co-workers were meeting with my supervisor and my supervisors boss, this supervisor stated that he had already wrote his staff up and that if we didnt f***ing do our job he was going to fire us b...

    Clare’s Answer

    In regards to your hostile work environment question, the term "hostile work environment" is often misunderstood. While your situation sounds very unpleasant and frustrating, it most likely does not rise to the level of a hostile work environment as defined by the law. For you to have a hostile work environment claim, the mistreatment of you must be based on a protected characteristic such as your race, gender or religion. There are other requirements of such a claim as well but the threshold question is whether the treatment of you is motivated by your membership in that protected class. If you think that you are being discriminated against at your job because of your race, gender, religion, etc., you should contact an employment attorney in Kentucky.

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  • I took a break which is 30 minutes. I took 52 minu tes not intentionaly but long story short, I was written up on a CA correctiv

    action. I am always singled out when I know for a fact everyone isn't on time, nor in uniform, and their always making me look bad, nit picking with me about everything. This has been an ongoing headache which has ruined my life, and my families l...

    Clare’s Answer

    Georgia is an "at will" employment state. This means that an employer can fire you for almost any reason (or no reason at all) as long as the employer doesn't fire you because of a "protected characteristic". Examples of protected characteristics are race, age, gender and disability. From what you have posted, it doesn't appear that your employer is targeting you because of a protected characteristic. However, if you feel that your employer is targeting you in this way, you should contact a lawyer who specializes in employment or labor law. Make sure to always follow your employer's policies and keep good notes of any issues that develop. Good luck.

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  • Can I sue manager for personal discrimination or harrassment? If so, what can I gain from that?

    I have a manager that continues to get in my face at work. I've observed her and she does not do it with others, and I have coworkers to back that statement up.

    Clare’s Answer

    To be actionable in a lawsuit, the manager's discrimination and harassment would have to be based on your race or gender or another "protected characteristic" such as your religion. It takes a lot to raise annoying or obnoxious behavior to the level of discrimination or harassment. If you feel that you are being discriminated against based on a protected characteristic, you should immediately inform your employer. You should provide your employer with as much detail as possible including dates, times and witnesses. If you are being discriminated against based on a protected characteristic, you may also want to contact an attorney who specializes in employment law. Good luck, and I hope this problem gets resolved quickly.

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  • Can I be denied employment if my case was "dead docket"

    I was charged with stalking but my case later "dead docket" in June 2009. I was not present when this decision was made. Recently, a temp agency pulled my background check and questioned the 2008 misdemeanor charge. I advised that the case was ...

    Clare’s Answer

    Georgia is an "at will" employment state. This means that employers can deny you employment or fire you for any reason that does not violate state or federal law (such as firing you based on your race, gender or religion). Because of this, employers can choose not to hire you based on a background check. Because background checks are very common, I would suggest getting a copy of your criminal record so that you know exactly what employers will see. Having a copy of your record will allow you to be up front with employers. If you are able to explain the situation that led to the matter on your record, employers might choose to hire you despite your criminal record. It will, of course, depend on the employer.

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  • How long does an employer have to file an appeal once the decision was made by the state

    I filed 7-6-10, was told to wait 21 days for my decision for approval, still no answer at that time (27 Jul 10). was told they gave the employer till 10 am on 5 Aug 10 for and answer and then a decison would be made. they did not respond so i was...

    Clare’s Answer

    Are you referring to unemployment benefits through the Department of Labor? If so, you're employer has missed the deadline for appealing and you should bring that to the attention of your case worker. While this should stop the appeal, the Department of Labor is sometimes lax with its deadlines. Be aware that until a final decision is reached, if the Department of Labor reverses it's decision to grant you benefits, you will be required to pay any benefits received back to the Department of Labor.

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