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Archibald Johns Thomas III

Archibald Thomas’s Answers

401 total


  • Do I have the legal right to sue walmart for wrongful termination?

    I was watching a friends house for the weekend and one night I had toast w/butter before bed. when my friend returned, he saw the container that I used and told me it was medical marijuana butter for his sleep apnea. 3 weeks later I had an accid...

    Archibald’s Answer

    If you were terminated due to a positive drug screen, it is not likely you would be successful in bringing any type of legal claim. However, if you can show that others who received a positive drug screen were not terminated, it is possible that you may have a claim of discrimination depending on why you were treated differently.

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  • Will I have a case of sexual harassment if I had sex with my boss???

    I started working with my boss and he started flirting with me so at first I didnt pay it no mind then the second time he touch my butt, the third time he told me he want more. So we had sex then I didnt want to do it anymore. So he shortened my c...

    Archibald’s Answer

    It sounds like you may have a possible claims of retaliation and harassment. But both of these claims are very complex and in order to have a good understanding of your rights and the employers potential liability you need to speak to an attorney who handles employment claims on behalf of the employee.

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  • Can a company legally fire you the day that you file for workers comp. and stop your benefits, being able to see a doctor.

    hurt while unloading the truck, I reported it a week later, after filing for workman comp and two trips to their doctor I was told I had a sprained back and needed therapy. From that point Insurance Co denied my claim because my employer told them...

    Archibald’s Answer

    Although a company can fire you when you file a workers comp claim for a variety of possible reasons, the y cannot fire you BECAUSE YOU FILED A WORKERS COMP CLAIM. Thus, if you think you were filed because you filed the workers comp claim you may have a claim that can be filed against the employer for retaliation.

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  • My job was to be changed from salaried plus commission to commission only. 57 days later, I found out they terminated me.

    62 year old male - did outside sales in the waste industry. I accepted a change to commission only, documented in writing via email from my mgr I was reporting to. He confirmed my client list & commission rate & date of changeover. Subsequently...

    Archibald’s Answer

    Your question cannot be answer without further information regarding the employer's motive for the termination. For example, since you mentioned your age, if we assume your age was the reason for the termination you may have a claim. The motive for the termination is critical in terms of determining whether there i s a potential legal claim.

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  • As a federal employee, can I be terminated based on aligations alone..?

    I am a federal Police Officer with the US dept of Veterans Affairs Police. I am being falsely accused of wrong doing by my ex-girlfriend. Her alligations are based on a jealous dislike of my current wife. Her actions has led to the filling of a...

    Archibald’s Answer

    No, allegations alone will not suffice to sustain a termination. If the employer were to terminate you based on false information you would have the right to appeal the termination to the merit systems protection board where they would have to prove that you engaged in misconduct. If they cannot do that you would be entitled to reinstatement with back pay.

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  • Falsely accused of Sexual harassment by a non-employee. Company told me not to worry and they will respond back.

    I met a college student for a dinner and she made some advances which I did not appreciate. We had exchanged text messages of a very friendly nature and I thought she was fun to hang out with. I left her back home and we said good bye. I told her ...

    Archibald’s Answer

    Sexual harassment claims may only be brought by employees or applicants for employment. Although it was not clear by your question it did not appear hat she was applying for employment, thus the sexual harassment law simply do not apply. In terms of defending yourself, yu do not have any specific leal rights. Hopefully your employer will permit you to provide your version of the facts and they will fairly consider the circumstances.

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  • If some lady said this man said me to get your top up few months ago so now I call police for sexual harassment withoutanyproof

    my husband working in a gas station today a 45 years old poor lady look like bum she came to the manager and said that my husband told her few months ago to get her top up so now she wants to call police for sexual harassment without any proof. ...

    Archibald’s Answer

    Sexual harassment is not a crime so the police are not likely to do anything if they are called. If the employer attempts to take any action he should just tell the truth and let them know that he did not engage in any proper conduct. The sexual harassment laws do not apply to non-employees, so this situation does not involve a valid sexual harassment complaint from a strict legal perspective.

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  • 17 year old medical assistant refused work?

    I went through a training school for medical assistant totaling 1 year. I took the certification and passed it. Now I'm a CMA living in Florida. I have been applying for positions but everyone has refused me work due to my age? Can they do this ev...

    Archibald’s Answer

    In the state of Florida there is some support for the proposition that discrimination on the basis of age for being too young is illegal unless thee is some justification for the requirement referred to in the law as a bona fide occupational qualification. You very well may have a claim and could probably benefit from speaking to a lawyer.

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  • Can I get severance pay?

    I was abruptly terminated for stating that I was not excited about a new job we booked. Statement was pay related. I said "I'm still working at a lower rate of pay than I was making 7 yrs., ago, so no, I'm not real excited." He told me to go ho...

    Archibald’s Answer

    Unless there is a written policy or contract regarding severance pay, this is discretionary with the employer. If you believe you were treated differently due to discrimination, you can explore the possibility of filing a complaint with the EEOC. However, you have not identified any facts in your question to indicate the basis of such a claim.

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  • I am/was a FLDOC C.O.. After complaining of unsafe conditions & discrimination resulting in injury, I am now being terminated!

    I was forced to work in a hot vehicle blowing hot air on a 90+ degree day. When I wrote a report complaining of the officers behavior, a very unprofessional and bias report was written against me by the offending officer. I am uncertain if it was...

    Archibald’s Answer

    In addition to any protections you may have under the FMLA and the laws prohibiting discrimination, as a DOC employee you may also have the right to file an appeal of your termination with the Florida Public Employees Relations Commission. You should not give up this right without at least consulting with an attorney.

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