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Shane Allister McClelland
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Shane McClelland’s Answers

13 total


  • What can I do if my previous employer is giving bad references about me and blacklisting me ?

    I paid a recruiter so he could call my previous employer´s HR Department pretending he was someone checking on my past performance in this position. The HR person not only gave bad verbal references but filled-out a form submitted by the recruit...

    Shane’s Answer

    An employer cannot defame you. It is as simple as that.

    In other words, your former employer cannot make false statements about you with the intent of causing you harm and you actually suffer harm.

    If this has happened to you, then you should consult an employment lawyer immediately who can do a thorough evaluation of your potential case.

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  • Can I get an employer to change "fired" to laid off , let go, discharged or something other than fired?

    An issue was brought to HR and other parties made false statements to initiate an investigation into me and several co-workers. The investigation concluded we were not at fault yet several of us were let go based on those false accusations. Some w...

    Shane’s Answer

    I agree. There are a lot of factors that go into the answer to your question. There are circumstances where an employer will work with you on your concern, but it is a very fact specific situation, including who is your employer, what were the rumors, did the company lose business because of this behavior?

    I recommend that you speak with an employer lawyer as soon as possible to see if there is anything that can be done.

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  • Hello, My wife has gotten sick over night and had to call in sick to work today. She emailed her bosses boss & HR since her boss

    Hello, My wife has gotten sick over night and had to call in sick to work today. She emailed her bosses boss & HR since her boss is out explaining she will not be in due to female health issues. Her bosses boss sent her email to the entire agency....

    Shane’s Answer

    Is your wife pregnant? If so, then, depending upon all of the facts of her case, she may have a case for harassment based on her pregnancy. Was your wife terminated, docked pay, etc.?
    Each case is unique. I recommend that you speak with an employment attorney right away to make sure that your wife's rights are protected.

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  • My employment wages have previously been garnished, and was not given / provided any legal notice whatsoever. What can I do?

    I reviewed my online account check stub last week, and to my surprise my wages had been garnished by 800 dollars. I immediately contacted my place of employment payroll department to inquire about the missing wages. I explained to them that I wasn...

    Shane’s Answer

    Typically in Texas, your wages can only be garnished because of child support, income taxes, or a defaulted student loan. And if your employer improperly deducts from your paycheck, then you may have a remedy. Wage garnishment law is complicated, and the facts of your case are unique. You should contact an employment attorney to discuss your situation.

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  • Wages.....Pay Structure......Employment.

    How the work status is implemented in a job? As the work week is typically 40 hours a week but if the employers tells someone to work 60 hours or any number of hours more than 40 a week....how is the employer supposed to pay? Does he can pay...

    Shane’s Answer

    If an employee is paid on an hourly basis, and is not other exempt from receiving over time pay, then an employer must employees time and a half after 40 hours worked.

    I recommend that you consult an attorney who has experience with wage and hour issues.

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  • My husband tripped on the carpet, hit the marble wall and gashed open his head this weekend in a lake charles casino.

    Before leaving in an ambulance to the emergency room, the risk manager gave me his card and said they would pay for any hospital bills. He now won't return my messages. What can I do?I don't really think it was the casino's fault - my husband ha...

    Shane’s Answer

    I agree with Mr. Horowitz. Given that you don't think it was the casino's fault, then I don't think it is likely that the casino will pay for his medical bills. But I suggest you contact an attorney to investigate to see if there was a dangerous condition existing at the casino that contributed to his fall.

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  • As a 1099 contract employee working for a wedding company, do I have rights to the photos I take?

    I have been a full time 2 manager for the past eight months but used to work as a 1099 . This question is mostly for the benefit of my employees as I have been told by my boss not to allow any of the photographers to have access to their images ....

    Shane’s Answer

    I generally agree with the answers below with one addition. If the photographers are truly independent contractors (and there is a separate test to determine that), then they may have rights to their photographs depending upon the agreement they reached with the company you work for. Even if they are 'employees' (i.e. not independent contractors), then their use of the photographs they take would be controlled by contract with the photography company or the individual purchasing the photos.

    Either way, I think it is necessary to get additional information before anyone can give you a complete answer to your question. Please feel free to call me at my office 713.987.7100 or email me: smcclelland@shmsfirm.com

    Please feel free to email me

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  • Legal advice on employment.

    I got hired to this company small business and my employer gives me handwritten check.when I ask for pay stub he says the check is the pay stub.how do I keep a track of the income tax he paying and do I need to make copy of the check before I depo...

    Shane’s Answer

    To answer your question, it is imperative to know if you are an independent contract or an employee. If you are classified as an employee, then your employer must give you a W-2 tax form at the end of the year. On the other hand, if you are a independent contractor, then he must give you a 1099.

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  • Employer rejects mediation I filed with the EEOC for discrimination and retaliation Does my case look strong?

    I was denied an ADA . I received a denial letter via email which sensitive medical procedure info was shared with managers and supervisors . The company was aware of my medical condition . I did not request a workplace accommodation , the EEO ...

    Shane’s Answer

    You may have an ADA claim, depending on the specific facts surrounding what happened with your employer. More details are needed to evaluate your potential case. For example, there must be a determination that you qualify for the ADA (e.g. what is your disability) and have you been terminated, demoted, etc.

    Please know that there are important deadlines involved in an ADA claim. If you wish to pursue a potential claim, then consult an attorney familiar with employment law as soon as possible. You can email me at smcclelland@shmsfirm.com to discuss this matter or visit our website: www.shmsfirm.com for more information on the ADA.

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  • I was fired due to calling in and not having anymore sick toime or vacation time, is that possible

    I was ill and used up my sick time with dr nites on file and vacation time was used due to my children being il with dr notes on file

    Shane’s Answer

    Generally, if you do not have an employment contract with your employer, then your employer can terminate you for any reason so long as it is not an illegal reason (for example, an employer cannot terminate you because of your age, sex, disability, race, etc.). This is broadly known as the employment-at-will doctrine.

    The answer to whether you were terminated legally is fact specific, and it requires additional information than what you've provided in your post. Depending upon those facts, it is possible that you were entitled to Family and Medical Leave Act (FMLA) leave. That determination depends upon several factors. For example, to be eligible for FMLA leave, your employer must have at least 50 employees, and you must have been employed for at least twelve months and must have worked at least 1,250 hours during the twelve months prior to the leave. Generally, the FMLA requires employers to give twelve weeks of unpaid leave to an eligible employee who suffers from a serious health condition, or to care for oneself or a child, spouse or parent suffering from a serious health condition.

    The answer to whether you were terminated legally is fact specific; you should consult an attorney familiar with employment law issues as soon as possible. You can email me at smcclelland@shmsfirm.com to discuss this matter or visit our website at http://www.shmsfirm.com to find out more information about the FMLA and other employment law issues.

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