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Bryce Gregory Murray

Bryce Murray’s Answers

16 total


  • Can you sue a former employer for harassment?

    I quit my job due to harassment by fellow employees. I made two of managers aware of the situation a month before severance. Nothing happened and the harassment continued; so I decided to quit due to hostile working conditons. I applied for unempl...

    Bryce’s Answer

    If the harassment was based on your sex, race, religion, national origin, age, military status, disability or other protected category, then you may very well have an actionable claim against your former employer-- especially if you complained and the company did nothing.

    You should consult with an employment attorney in your area. You can find an attorney that focuses their practice on employment law through the State Bar Association in your state or through a local bar association (check the yellow pages or internet for these groups).

    If you have been discriminated or harassed based on a "protected" category (i.e. race, sex, etc.), you will need to file an EEOC charge. You can do this on your own (however, retaining an attorney through the process is a good idea). Your local EEOC office can be located through eeoc.gov.

    Good luck.

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  • As a TX based, HR Director of a PA based company, am I legally obligate to answer questions regarding their legal investigations

    At the time I left this company, they were involved in a number of legal claims and class actions that occurred in the region I was responsible for. I have been gone a year and they continue to contact me for information that will support their p...

    Bryce’s Answer

    Wow... you are in a fun situation now, aren't you. The fact is, you were likely a witness to issues in the lawsuit at hand, so, yes, if you do not cooperate the company can likely subpoena you. It sounds like the company did not think through their decision to terminate you considering you are so crucial to their future litigation successes. I do not think you would be out of place to tell the company that they are requiring a lot of your time to assist them in their defense, and as such, you would like to be paid for them consulting with you. You probably wouldn't be considered an "expert", but, if they want you to continue acting as "HR" in their defense of this matter and testify to "HR" issues you dealt with, I think you can request that they pay you a consulting fee. (They don't necessarily have to, but, you don't necessarily have to be helpful to them or assist them either.)

    Hope this helps a little.

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  • Can I file suit against the Board Of Directors?

    EEOC issued me a "Right to Sue Letter" against my employer. Can I also sue the Board of Directors who dictates the policies in placed.

    Bryce’s Answer

    Your question is really not detailed enough to give an accurate answer and you should consult with an employment lawyer to discuss the facts and reasons why you want to include the board.

    That being said, it doesn't really made sense to file suit against the Board of Directors when you are already filing suit against the Company. Your lawsuit is going to allege likely that the policies and procedures were somehow faulty, which directly reflects the Board and Executives actions. Normally, under discrimination law the courts only allow suit against the Company itself. You can try to show in the suit that the Board members did not create or set the proper policies which would bolster your claims.

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  • I believe that I did not get a promotion because of my age. I fit the job discription and had prior experience in this field.

    I have worked for this company for a year at an entry level position. I was given a performance review 6 months ago and in the review it clearly states that I was promotable. The manager also stated that I was the only employee, in the district ...

    Bryce’s Answer

    If what you are writing is accurate-- you could very well have an actionable claim under the Age Discrimination in Employment Act (ADEA) which prohibits discrimination in job decisions based on age. You may also have a claim under State law if your State has a counter-part in the law. There are many factors that will determine if you would have a successful claim-- which would include a strict comparison between you, the other candidate and the qualifications for the job. You should consult an employment attorney in your area. You can probably call the State Bar or local Bar Association to find references for attorneys that primarily practice in employment law. You will have to file an EEOC claim before you move forward with any lawsuit-- you can do that on your own at your local EEOC office (eeoc.gov to find the local office)-- however, it is advisable to talk with an attorney before going to the EEOC.

    Good luck, and sorry to hear about your situation.

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  • Can an employer continue to use my e-mail account with my name after I have been terminated?

    After I was terminated by my employer, I noticed that I did not have access to my e-mail account at my now former employer. I sent a test message to see if it would bounce. It did not. The account is still active. I asked my former employer to...

    Bryce’s Answer

    First and foremost, unless your email account was a personal account you set up say on yahoo or gmail, then the account is not yours, so "my email account" is a misnomer. Unfortunately, we get this alot in employment law-- "my employer went through my desk", "my employer checked my voicemails", "my employer reads my emails". The truth is, if the employer is the owner (i.e. pays for and establishes the service, or buys the desk and puts it in the office space they lease), then the employer owns it. Your email at work is not "yours" but rather a tool to do your job that your employer owns. Once you leave, they have a right to receive and send emails from that account. Most employers re-route your incoming emails to another employee and that employee responds back to workplace emails with answers and information that you no longer are with the company.

    I am impressed that your employer forwarded your personal emails to you-- many will say those were never supposed to be on their workplace email system.

    Unfortunately, "your email" was never truly yours, and as such, your employer can do with it what they want when you leave and they are not required to provide you with any access to it.

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  • Where Can I Find List Of Criminal Codes For State of Louisiana From Around 1946 To 1960?

    Hello!!!! My name is Laveau Amistad Truth. I am researching a book about Jim Garrison {prosecutor of Orleans Parish from 1961-1974}. Need to look at a very old list of criminal codes for the state of Louisiana from 1946-1960. I'm handicapped a...

    Bryce’s Answer

    That's going to be a tough one to get online (which would enable you to enlarge the print). Most of the State Legislature's law and history only goes back to 1997. If you can afford to pay for services, Lexis or Westlaw may be able to access-- but again, that is pretty far back for electronic access. Your best best would be to contact the LSU Law Center's library, or one of the other law school's libraries should LSU not be able to assist (Loyola, Tulane and Southern). Other libraries/institutions that may have such record would be the U.S. Fifth Circuit Court of Appeals in New Orleans and the Louisiana Supreme Court. Finally, there is a store in Baton Rouge called "Claitors" which may have a book with the criminal laws from that date range.

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  • How much do you think i will win in an employment disability case and wrongful termination? what factors do they consider?

    i was hired on at kaiser in southern ca as a medical assistant, i did my medical exam and it showed i had surgery for scolosis in 2002, i had a letter saying i couldnt lift over 25 lbs without accomodation. Kaiser then took back there offer to hir...

    Bryce’s Answer

    If you've hired a lawyer, these are all topics he or she should have discussed with you during your intake consultation. If they did not, you should ask them as they are in the best position to assess your case and provide you with details of the process. A simply response is that your complaint, if for discrimination under the ADA, should be filed with the EEOC and State human rights commission. Once there, the EEOC/State office will investigate your claim. They may also offer mediation to you and your "almost" employer. The EEOC will either find "cause" or "no cause". Cause may allow the EEOC to file suit on your behalf or negotiate a resolution on your behalf. A no cause will allow you to move forward with a private lawsuit. After six months, your attorney can ask for a "right to sue" letter and file suit on your behalf in private litigation. It is impossible to guess at what your damages would be without understanding more of your case's facts.

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  • Terminated in violation of the Employee polygraph protection act?

    I was recently fired from a job I held for only 3 months for refusing to take a polygraph my employer was demand I take until i talked to a lawyer. I believed this was in violation of the EPPA as they had no supporting evidence against me and wer...

    Bryce’s Answer

    The Polygraph Protection Act is very strict with when an individual can be subjected to the test. Beyond that, there are many strict requirements an employer must follow to be able to use the results of an test. It would be a good idea to talk with an employment lawyer about your termination, as polygraph issues can open an employer to liability.

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  • Do i have a case against my recent employer

    upon arriving at work one day i had an anxiety attack before i clocked in, i fell an hit my head an passed out so the ambulance picked me up an took me to the hospital, while in the emergency room i was notified on my cellphone by my manager that ...

    Bryce’s Answer

    Mr. Huffman is correct. You could very well have an actionable claim against your employer for discrimination under the ADA, State law, or other workplace laws. You should consult with an employment attorney to discuss the details of your matter.

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  • If a white co-worker tells another white co-worker that they talk like a black person and do not need to do that, is that racist

    In a heated confrontation between two white female employees, one said she doesn't like talking to the other because she talks like a black person and does not want to get cussed at? Is that grounds for termination by the person saying that? Is ...

    Bryce’s Answer

    If this was an isolated incident and no other comments of the sort have been made, it probably does not rise to the level of discrimination under the law to have an actionable claim. However, if this is a continuing behavior where your co-worker is making inappropriate comments it could become a workplace issue. In Louisiana, employees are at-will, which means an employer can terminate an employee for any reason that is not a protected reason. As such, the employer has the ability to terminate this employee for inappropriate comments such as these, however, the employer does not have to terminate the employee. It sounds like some counseling on appropriate behavior is needed for your workplace, at the minimum.

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