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Randy T. Enochs

Randy Enochs’s Answers

980 total


  • How is a Voluntary Self-Identification of Disability form still voluntary if you are required to fill it out?

    While I was filling out an application online I got to the very end and the last page was the voluntary self identification of disability form. It said "please check one of the boxes below". (there were no boxes) The options were "YES I HAV...

    Randy’s Answer

    Attorney Olson is correct and you may want to contact an employment attorney about this to provide more details. Under the Americans with Disabilities Act an employer may ask disability-related questions and require medical examinations of an applicant only after the applicant has been given a conditional job offer as many employers use such "medical inquiries" to exclude people from jobs, unlawfully.

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  • Had a last chance agreement and got fired but found out had a disease that would throw off any Breathalyzer

    sent this to the union and got a answer that we could fight this but you will lose, explained that I still wanted to fight it and never got an answer back from them. First time I had a Union leader with me that refused to sign the agreement and th...

    Randy’s Answer

    If you didn't find out about the condition/disability until after you were fired, the employer cannot be held liable for any discriminatory conduct because they were likewise unaware of your condition when they terminated your employment and sent you for testing.

    If the Union is not doing their job, you may lodge a complaint with the NLRB, but if they made a decision not to grieve the decision, they may have done all they can.

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  • Discrimination at work or disability discrimination

    Service Manager is getting paid more than myself in the same kind of management position. Office personal is being paid 18.00 an hour while I am the Body Shop manager getting paid 15.00 ( Salary) an hour must be there 40 hr week, my techs make 20-...

    Randy’s Answer

    I have to agree with the previous attorney in that you need to simply telephone an employment attorney in Wisconsin to discuss this matter in more detail. Online inquiries are not always the best for learning whether you have a case and especially in employment law cases. You will want to find a "wage & hour attorney" for the pay issue, and an "employment attorney" for the other issue as these involve totally separate laws.

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  • Can a former employer do, or say things that prevent you from finding another job.

    Can a former employer do things to prevent you from finding another job, and if so, how can you find out, and what can be done to prevent it in the future.

    Randy’s Answer

    The previous attorney is correct and there may be a fine line between your previous employer telling the truth and that preventing you from obtaining new employment and the previous employer defaming you in their references, which *may* be against the law. You may want to invest in a report of what is being said about you to find out if you have a case. Otherwise, you may want to consider not using that previous employer as a reference if you can.

    Best of luck.

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  • I got fired while on work restrictions for workers comp....can i sue?

    My knee is still not better and workers comp has only sent me one check in 3 weeks, they are still paying doctors bills

    Randy’s Answer

    You will want to contact a Milwaukee-area employment lawyer as you do not provide enough facts to know whether you have a case or not and your post is a little confusing. In Wisconsin there is a law violation known as an unreasonable refusal to rehire under worker's compensation and there are probably some disability discrimination implications here.

    Telephone a local employment attorney ASAP.

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  • Workplace bullying/hostile environment inflicted by the restaurant owner-what are my rights & options?

    I have been screamed at right up in my face, he throws things, calls me the "C" word. I do have texts from him apologizing that I have saved & NOW A RECORDED "apology please come back" phone call. I have stuck thru all this as I have a felony thef...

    Randy’s Answer

    Unfortunately, there is no law requiring "general civility" in the workplace. Since it is the restaurant owner, there is probably no one to complain to about his conduct, but if you were to quit your job, given the evidence you have, you *should* be able to collect unemployment as this is more than a good reason to quit your employment given the treatment you have put up with. Otherwise, I am not aware of any law that is being broken, despite this deplorable conduct.

    NOTE: I am not advising you to quit and that you will collect unemployment as I cannot know how the State will decide on the matter.

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  • What is the time frame to file for discrimination and improper termination? Could I qualify for an extention?

    I was discriminated periodically thru my 2 yr of employmt. The est. Last occurred Aug/Sep'13. I was so upset & questioned the store mgr if i needed to get in touch with the ethics hotline to better assist me. I was pregnant due Jul'14. From Oct'13...

    Randy’s Answer

    You have 300 days from the last incident of discrimination to file a complaint. Anything that happened prior to 300 days can only be used if it is part of a pattern or continuing pattern of discrimination against you. It is best to call an employment attorney to discuss this further.

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  • Can my employer tell me I quit and refuse to schedule me? When I never quit my job?

    I asked my manager to leave early so that I could pick up my daughter who recently had surgery on her legs. I was told that that was fine as long as I stayed til 10pm when I was scheduled til 11pm. I didn't end up clocking out until 10.30, leaving...

    Randy’s Answer

    You've mentioned several things in what sounds like a not-so-good workplace. You may have potential claims related to your having a disability (diabetes) and potential FMLA issues with having to care for your daughter (i.e., maybe your employer anticipated your taking FMLA leave and decided to get rid of you). It's best you call an employment attorney and discuss this further. However, a long list of everything bad you saw may not be helpful as employment actions are related to adverse actions to you, not what happened to others. However, if you saw these things and complained and suffered an adverse employment action (e.g., termination, write-up, etc) soon thereafter, that may be retaliatory.

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  • I am a convicted sex offender and i was recently employed by bon-ton corp. After being employed for 3 weeks i got suspended.

    I was suspended because the background check listed me as a registered offender. The conviction was in 1998 and I have been off probation/ parole since 2001. Do i have any recourse.

    Randy’s Answer

    You'll want to call an employment attorney in Wisconsin as these cases depend on a lot of facts and is not so "cut-and-dry." If you didn't disclose this conviction, your suspension *may* be justified if this is the sole reason you were suspended.

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  • Is there a way to appeal wi unemployment overpayment amounts? If so how do I do this?

    I quit my job in April 2014 due to hour and pay reduction. I filed for unemployment and was denied benefits. I appealed the decision and had a meeting with the ALJ in June 2014 and she reversed the decision allowing benefits. My employer appealed...

    Randy’s Answer

    You can only appeal LIRC's decision. It's fairly difficult to overturn LIRC decisions in circuit court, but not impossible. It's your decision whether you just want to repay or invest money to fight the decision. Be aware of your deadline to appeal.

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