Jack Rosenberg’s Answers

Jack Rosenberg

Atlanta Employment / Labor Attorney.

Contributor Level 11
  1. Can i sue my employer for sexual harassment after the eeoc closed the case?

    Answered over 2 years ago.

    1. Jack Rosenberg
    2. Nicholas M. McLeod
    2 lawyer answers

    You had 90 days after receiving the right to sue letter to file a lawsuit against your employer. If that has passed then no you cannot sue for the initial harassment. However, you may wish to file an EEOC charge for retaliation for having filed the initial EEOC charge. Go back to the Savannah EEOC office and tell the investigator/intake person of your situation.

    4 lawyers agreed with this answer

  2. What should I expect out of this mediation?

    Answered almost 2 years ago.

    1. Jack Rosenberg
    2. Lisa Morgan Edwards
    2 lawyer answers

    You should consult with an experienced employment attorney to represent you at the mediation. You can ask the EEOC for a listing of attorneys in GA.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can I start my own lawn care company after being fired from a company. A non-compete contract was signed at hiring.

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Judith A Miller
    3. Henry Lebensbaum
    4. Jack Rosenberg
    4 lawyer answers

    You have raised many issues in your question that can only be answered by an attorney reviewing the non compete agreement that you signed and MA case law. Therefore, it is critical that you contact an experienced employment law attorney in your area from the AVVO site to determine what portion of the agreement you signed may/may not be enforceable against you.

    4 lawyers agreed with this answer

  4. What do I do if my employer sent a separation notice for state of Tennessee rather than the state I work and live which is GA?

    Answered almost 2 years ago.

    1. Jack Rosenberg
    2. Dean Richard Fuchs
    2 lawyer answers

    No problem, you simply need to go to a GA DOL office and apply for unemployment. The separation notice does not rule or apply, as it is where you work that applies. So if you work in GA then you apply in GA.

    2 lawyers agreed with this answer

  5. I am going pro se against former employer for discrimination. What things should I ask for during the discovery process?

    Answered almost 2 years ago.

    1. Robert L Mauro
    2. Jack Rosenberg
    3. Kevin Rindler Madison
    3 lawyer answers

    The law is too complicated for a lay person and it is strongly recommended that you consult with an experienced employment lawyer in your area from the AVVO listing. What you are doing is comparable to do it yourself surgery. Also the lawyer can advise you as to the strengths and weaknesses of you case.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I'm an intern and my boss is sexually harassing me- how do I get justice? I'm not a paid employee- EEOC doesn't apply?

    Answered 23 days ago.

    1. Kevin Rindler Madison
    2. Ashley Dawn Marks
    3. Jack Rosenberg
    3 lawyer answers

    You may be covered by the EEOC laws, so contact them immediately.

    3 lawyers agreed with this answer

  7. Is this wrongful termination and do I have recourse?

    Answered about 1 year ago.

    1. Thomas Andrew Miller
    2. Jack Rosenberg
    2 lawyer answers

    You are likely eligible for unemployment under these circumstances. You also may have an ADA complaint of discrimination. You should contact me or another attorney on the AVVO list who handles such matters.

    1 lawyer agreed with this answer

  8. Employer asking for volunteer overtime, but with regular pay, not time and a half. Is this legal?

    Answered about 1 year ago.

    1. Jack Rosenberg
    2. Ainsworth G. Dudley Jr.
    3. Thomas Andrew Miller
    3 lawyer answers

    In general, employees who are non-exempt, and work over 40 hours/week are entitled to time and a half. So this is probably a violation of the overtime laws. I suggest you contact me or another attorney on the AVVO list who handles these types of cases.

    1 lawyer agreed with this answer

  9. Will I lose my unemployment benefits if I refuse a job offer that requires me to sign a unreasonable Non Compete Agreement?

    Answered over 1 year ago.

    1. Jack Rosenberg
    2. Harold W. Whiteman Jr.
    3. Amy Uchenna Oraefo
    3 lawyer answers

    It is not possible to answer your question without being able to review the proposed NCA and comparing it with your proposed work duties, because it is so fact specific. Also, the issue about whether you might lose UI benefits is also fact specific based on the job offered and its duties. Therefore, you should consult with an experienced employment law attorney, such as myself, from the AVVO listings in your area.

    1 lawyer agreed with this answer

  10. What is the statute of limitations for racial discrimination against a former employer?

    Answered over 4 years ago.

    1. Jack Rosenberg
    1 lawyer answer

    Race discrimination can be filed under two laws: 1. Title 7 of the Civil Rights Act which is administered through the EEOC. Once the EEOC investigates and gives you a right to sue, you have 90 days in which to file suit. Title 7 limits recovery for most damages to 300K or less. 2. Another race statute is found in 42 USC 1981 and there is a 2 year SOL from the adverse act in which to file a lawsuit. This law has no limitation on damages.

    2 people marked this answer as helpful