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Martin A. Shellist

Martin Shellist’s Answers

21 total

  • Is a dr note required when an employer calls in sick for one day?

    at my work place, a dr note is reguired after missing one day of work if not we are not allowed back and the possiabilty of getting written up. Is this allowed

    Martin’s Answer

    An employer in Texas can have this policy of requiring a note, but not generally if you stay home due to illness and did not see a doctor. Depending upon the size of the employer, it may have responsibilities under state and federal law for discrimination under the ADAAA (or state counterpart) or FMLA. Call a lawyer for sure.

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  • How do i go about filing sexaul harrasment charges against a judge?

    While in court being adressed by the judge he commented "I bet you cant wait to get laid" and then he dismissed me after seeing me become visably upset. I dont know my rights or where to go from here

    Martin’s Answer

    I have sued judges for sexual harassment. See the link below. I am not sure what happened to you qualifies under the laws of official oppression, but you should check it out with counsel. You can also file a judicial complaint.

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  • Can my employer hold my quarterly commission payment?

    For family reasons, I had to ask my employer to allow me to work only 30 hours per week. They agreed. I already had too many responsibilities and so my job was split into two positions. There has not been any discussions regarding changing my sal...

    Martin’s Answer

    If there was no agreement to change your compensation, and you were salaried, then I do not believe they can do this. You can hire a lawyer or file a wage claim with the Texas Workforce Commission.

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  • Can I sue target company?

    Can I sue target company? hi ,there I worked for target for almost 4 years . 1. in my first day one of my co worker asked me if I have to pray 5 times a day because I Muslim.2.if I am going to make bad thing like other Muslim does. 3.when my ...

    Martin’s Answer

    If you believe you have been subjected to discrimination either due to race, national origin, religion, or sexual harassment, you must first file with the EEOC and/or TWC-CRD. These are called procedural prerequisites to filing a lawsuit. However, for race and national origin, you may be able to file a claim directly in court without the need to go through these administrative processes. That type of claim sis known as a Sec. 1981 claim. I think you need to consult a lawyer and provide more details as there are time limits to any claim you may possess. Good luck.

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  • Can an restaurant charge a waiter for mis-ordered food? If so, can they charge the "retail" price or only the cost of the food

    Customer claims the product wasn't what he ordered so the waitress was charged for the food by the restaurant. - full price listed on the menu.

    Martin’s Answer

    The answer is generally "No, a restaurant may not charge you this cost. Similarly, you may not be charged for glass breakage, silverware, etc." In Houston, where I mainly work, there is no state-law counterpart, so we rely upon the federal wage law regarding tipped employees. Best of luck, and take action if you feel your rights have been violated. Martin Shellist

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  • Is my employer able to force me to use PTO time to have a company required physical?

    I was sent overseas to work without the pre-assignment physical. The physical was taken when I returned for my first rotation. I did not hear the results after a week and I returned to Ecuador. A few days after I arrived, HR requested that I re...

    Martin’s Answer

    I agree with Mr. Petrou. I would also ask how much time you are talking about? A day, a week, or a month. My belief is that the use of the PTO is probably allowable sine it is for your health. But follow the guidelines laid out above.

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  • I'm a broker at an insurance agency. I'm totally self-employeed. The owner has survelance cameras own everyone. Is this legal?

    there are cameras everywhere and he watches you while sitting at your desk

    Martin’s Answer

    There are anti-wire tapping laws, and this may apply. I'd look that up with a criminal law attorney, and then circle back to the employment lawyers. There will be privacy rights implicated, as well. Your contract with the employer may also bear upon this discussion. I'd need to know more first. Best of luck.

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  • Can I Sue For Harassment? Possibly Sexual Harassment?

    Today,as I working, I accidentally bumped into a coworker while she made no intention of moving to let me by. She turned and told me to, "stop being such a f*cking c*nt." and then walked off into the back of the store to continue her job. My manag...

    Martin’s Answer

    I agree with some of the advice below, but not all. It is imporper for a co-worker to refer to you in such a hostile manner, using such words. Is it illegal, per se, perhaps not. However, I would report the harassment for sure. I always counsel clients to not just complain, but to complain right. If you properly complain, you may have some protection against retaliation. If you threaten to punch someone, you will likely get fired and have little to no resourse. Best of luck.

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  • What questions, an an employer, can I not ask about when hiring?

    I know I can't ask about age or gender, but I would like to know if there are any other categories I'm not allowed to talk about? .

    Martin’s Answer

    I would begin by visiting the EEOC website, as well as the Texas Workforce Commission, for the employer-side resources. You ought to stay away from disability issues, pregnancy issues, and related types of matters. This is pre-offer. After an offer is made, different rules apply. It also depends upon how big your company is. Different laws apply to different size employers. The EEOC, Department of Labor, and Texas Workforce Commission all have resources to guide you on this. I also suggest you meet with a lawyer. Best of luck.

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  • My manager is taking money out of her employees checks, what should i do?

    i quit my job and my manager will not give me my check becuase i quit, at that job if u were short on your shift the manager would tell us that it had to come out of our checks. i dint know that it was illegal for her to do that so i would give ...

    Martin’s Answer

    BHere's a good resource for your question. http://resources.lawinfo.com/en/legal-faqs/wage-and-hours/massachusetts/under-what-circumstances-can-a-final-paycheck.html I would also determine whether the manager has any criminal liability for theft. You can contact the DA's office to verify whether this is a good course. the other attorneys all make a good point above regarding the Attorney General.

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