Dana Mason Gallup’s Answers

Dana Mason Gallup

Hollywood Employment / Labor Attorney.

Contributor Level 5
  1. Can I be written up for sexual misconduct if the alleged victim never made a formal complaint?

    Answered 6 months ago.

    1. Dana Mason Gallup
    2. Mitchell Lloyd Feldman
    3. Stuart M. Address
    3 lawyer answers

    To add to the answer above, an employer has a legal obligation to investigate and remedy claims of sexual harassment in the workplace. To the extent you have any right to challenge the employer's determination and disciplinary action, your best recourse may be through a union grievance. Beyond that, in the absence of the employer broadcasting your alleged conduct beyond those within the workplace who have a need to know, there is likely little you can do about the employer's decision.

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  2. Question for employment law attorneys

    Answered 4 months ago.

    1. Arthur Thomas Schofield
    2. Dana Mason Gallup
    3. Betty Elaine Jones
    3 lawyer answers

    Under Florida's Whistleblower Protection Act, it is against the law to take adverse action against an employee who objects to or refuses to participate in an act of the employer that violates any state, federal or local law, rule or regulation. The conduct you described, however, nay not necessarily be deemed unlawful conduct of the employer as the manager and salesperson were not acting within the scope and course of their employment in taking drugs. I would nevertheless recommend that you...

    3 lawyers agreed with this answer

  3. I live in Fl. My employer has the employees doing the mandatory yearly in-services online and will not pay us. Is this legal?

    Answered 5 months ago.

    1. Dana Mason Gallup
    2. Mary Ann Young
    3. Rachel A Lyne
    3 lawyer answers

    If your employer is requiring you to do the training, then you should be paid for your time. If the training is only mandatory to maintain your nursing license, then I do not believe the employer must pay for that. I would recommend that you consult with a qualified and experienced employment attorney to discuss your situation further.

    3 lawyers agreed with this answer

  4. “If three people filed with eeoc and won. Can eeoc give less money to one person than the other same case and charges?

    Answered 6 months ago.

    1. Dana Mason Gallup
    2. Alan James Brinkmeier
    2 lawyer answers

    The EEOC cannot force an employee to settle a claim. If you are not satisfied with the recommended settlement, I would suggest you schedule a consultation with a qualified, knowledgeable and experienced employment lawyer to evaluate your case and determine what a reasonable settlement might be.

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  5. Need help on a sexual harassment case it happen in alexandria va, i have moved to florida because of the stress on the job....M

    Answered 4 months ago.

    1. Heather Morcroft
    2. Rachel A Lyne
    3. Dana Mason Gallup
    4. Kevin Rindler Madison
    4 lawyer answers

    You may need to contact an employment attorney in Virginia ultimately. However, as the law is generally the same on sexual harassment in every state, you may also want to schedule a consultation with an attorney in Florida to get some preliminary feedback as to the viability of your case. There are also instances where an out-of state attorney can be admitted to practice before a court in another state on a one time basis. So, my recommendation is that you contact a qualified and experienced...

    2 lawyers agreed with this answer

  6. Can an employer change your contract so that you work more hours per week for the same base pay?

    Answered 6 months ago.

    1. Mary Ann Young
    2. Dana Mason Gallup
    3. Kendra L. A. Stephen
    3 lawyer answers

    I agree with the suggestions made above. From what you have written, it sounds as though the increase in hours might be a breach of the agreement, as would terminating you for not agreeing to the increase. However, there are practical considerations as to whether the damages that may be involved in the breach justify the loss of a job or justify litigation, which can be expensive and time consuming. You should consider having your agreement reviewed by an experienced employment attorney in...

    2 lawyers agreed with this answer

  7. Is this considered sexual harassment, and what can I do about it? It makes me really uncomfortable.

    Answered about 2 months ago.

    1. Dana Mason Gallup
    2. Stuart M. Address
    3. Kevin Rindler Madison
    3 lawyer answers

    It is against the law for an employee to be subjected to a sexually hostile work environment. Comments and conduct of a sexual nature that rise to the level of being severe or pervasive may give rise to a claim. However, assuming the employer has a policy containing a complaint procedure for reporting claims of discrimination or harassment, you as the employee have a duty to follow that complaint procedure. You should, therefore, send a written complaint to the appropriate designated person (...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Can I sue a coworker directly for sexual harassment?

    Answered 3 months ago.

    1. Betty Elaine Jones
    2. Dana Mason Gallup
    3. Alexander Martinez
    4. Mark Anthony Weiker
    5. Christian K. Lassen II
    5 lawyer answers

    As others have indicated, you cannot sue the employee, but you may have a viable claim of retaliation against your employer. If you are still within the time period to consider the separation agreement/release, I would strongly recommend that you consult with an employment attorney in order to determine whether you should accept the amount being offered to you, attempt to negotiate a better separation package or reject the offer and file a claim. If you have already signed the separation...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Am I wrongfully terminated when laid off knowing later company will hire for same position.Am I considered dislocated worker,too

    Answered 5 months ago.

    1. Dana Mason Gallup
    1 lawyer answer

    I would need more detailed information to determine whether you have a basis for any legal claim. Generally, however, if you are offered a severance agreement, I highly recommend that you consult with an attorney to explore any potential claims you might have and to see whether you might be able to negotiate a better severance in exchange for the release of those claims. Therefore, I suggest that you contact a qualified, experienced and knowledgeable employment attorney during the time period...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can I be denied unemployment due to accusation of theft.

    Answered 8 months ago.

    1. David Scott Benn
    2. Dana Mason Gallup
    2 lawyer answers

    Yes, you can and should file for unemployment compensation benefits. You also have a potential worker's compensation retaliation claim as it appears you were fired for claiming benefits. You also may have a claim for defamation if your former employer is accusing you of stealing. I would recommend that you contact a qualified employment attorney immediately.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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