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Dana Mason Gallup
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Dana Gallup’s Answers

33 total

  • Was called the n word and subsequently got fired when I reported it. I filed title vii with eeoc,

    a contracted vendor employee called me the N word. There was no witness. The vendor employee was fired after investigation. I subsequently got fired when I reported it. Retaliation? I filed title vii with eeo.. Now the employer is lying that I w...

    Dana’s Answer

    From the information provided, it doesn't seem to be a particularly strong claim for retaliation, particularly where the employer terminated the offending employee after your complaint and after investigation. The viability of your claim will depend, in large part, upon proving the reason given for termination was false or a pretext for retaliation. At this point, you can either let the EEOC continue to investigate, or you can request a Notice of Right to Sue, which will result in the EEOC dismissing the case and giving you the right to bring suit in court. You (or your attorney) can also at that point request a copy of the EEOC file so you can see information provided by the employer. You would probably benefit from consulting with a qualified and experienced employment attorney.

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  • My boss has touched me many times the last straw was i saw his penis. I feared losing my job but now his wife wants me out.

    Unwanted touching. Walking nude in office. Nude in the swimming pool has affair with past paralegal. Is currently having affair with current paralegal. He's an attorney and so is his wife. Im being pushed to resign and im sick over it all.

    Dana’s Answer

    I am so sorry for what you are going through. I would strongly encourage you to immediately seek out the advice of a knowledgeable and qualified employment attorney.

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  • Being Sued for Non Compete

    I had a non compete in place when i was terminated. I accepted a severence package. I looked for work in a different industry altogether during this severence period with no success. I have since taken a job with a competitor in the same indust...

    Dana’s Answer

    As you have been served with a lawsuit, you must respond or face entry of a default judgment, including an injunction entered against you that may prohibit you from working for your present employer. I would strongly recommend that you consult with a knowledgeable and experienced employment law attorney as soon as possible.

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  • Are there attorneys out there that fight for the employer?

    So I just received a call from the department of labor telling me that a former worker of mine is claiming I owe him past overtime wages. I am a general contractor and I sub out all of my work. I realize there is a thin line between independent ...

    Dana’s Answer

    Yes, you should retain an attorney to respond to and potentially negotiate with the Department of Labor. More generally, you should speak to an employment attorney regarding your employment practices generally so as to avoid having these types of situations, or potential claims and lawsuits, filed against your company in the future.

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  • I endured racial discrimination in the workplace, as a result i was terminated after going to human resource. Who do I speak to?

    9/ 13th, I received from my mother a call while in the kitchen, coworker/supervisor approached me, and said" get the F*** off the phone". Then I said to him, I'm a grown man, and you shouldn't speak to me in that manner. We had words afterwards, h...

    Dana’s Answer

    Based upon the information you have provided, it appears you may have a viable claim for discrimination and retaliation. I would strongly recommend that you contact a qualified and experienced employment law attorney to discuss the possibility of bringing a claim.

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  • Can my current employed fire me if I sue my ex employer?

    My ex employer owes me overtime pay. Could my current employer fire me if I prusew with getting the overtime pay that is owed to me?

    Dana’s Answer

    There is fairly good legal authority to support a retaliation claim if you are terminated from a present employer based upon engaging in protected activity (such as filing a claim for overtime) at your last job. Of course, as with any potential claim, you will need to prove that this is the reason for the termination, rather than whatever other reason the employer provides (unless, of course,if the employer admits this is the basis for termination. I recommend you contact a knowledgeable and experienced employment attorney to further discuss your case.

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  • I am being sued because of a non-compete agreement, is this legal?

    i am pro se at this time, i was an independent contractor, basically a sales man, i left a sales firm, and started my own company with a co-worker shortly thereafter. while at the old firm we were subject to sexual and racial discrimination, the ...

    Dana’s Answer

    As others have said, your best chance of defeating a non-compete suit is with competent representation from a knowledgeable and experienced employment attorney. Often times, a resolution can be achieved early on so as to allow you to continue to make a living and work in the industry without doing harm to your previous employer. Without counsel, however, you are likely to be taken advantage of and may have a judgment entered against you that will effectively preclude you from working.

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  • Can i sue for being fired with a doctors note when i am pregnant and having complications?

    I was fired three months ago due to going to the doctor when i was having issues. They knew the day prior and i have a doctors note for the day i was fired and i have a doc note from the week prior when i went to the hospital stating i needed to r...

    Dana’s Answer

    I agree with the comments above. Additionally, if you are denied unemployment compensation benefits, you should consider appealing the determination. You have 20 days to do so. Also, if you are awarded benefits, your former employer may appeal. You may also want to retain a qualified and experienced employment lawyer to assist you with the appeal, particularly if there are other viable claims you may wish to later pursue.

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  • I need to know if you work on the job when of the boss grab your to reap you and abused me what should I do.

    The job abused my rights

    Dana’s Answer

    With regard to any physical or sexual abuse or assault, you should contact the police. As to the company, it may be civilly liable for the sexual harassment in which the boss is engaged. You should contact a qualified and experienced employment attorney to discuss your potential claim.

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  • How much for a discrimination/ harassment lawyer

    Keep getting overlooked by employer for a promotion. Even after training others (white associates) that received a promotion b4 me. I have a case pending with the eeoc would like to get a lawyer on my side to

    Dana’s Answer

    As others have indicated, you should consult with a qualified and experienced employment attorney.

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