David James Manley's Answers

Effective Service of Citation-- Are there other ways to serve citation, besides hand- delivered?

Here are the rules regarding service that might provide you with guidance. Rule 106. Method of Service (a) Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by (1) delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or (2) mailing to the defendant by registered or certified mail, return receipt...

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I was wrongfully terminated from my job I am the only female at a chemical plant and company policy states if you call in sick

You need to speak with an attorney. There is not enough information to provide you with a good answer. In general, depending on the size of your company, the number of employees at your location, and how long you have worked there, you would be entitled to medical leave under the Family Medical Leave Act (which can be one day, multiple days or partial days) and they cannot discipline you for taking the leave. You may also be protected under the Americans with Disabilities Act, and possibly...

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I have mediation the end of next monthon both SH and discrimination cases against a former employer. What kind monetary value?

There is really no way to determine the value of your case based on the facts provided. You should have an experienced employment attorney represent you at mediation, even if it is with the EEOC, and follow his or her advice as to the value of you case. The other side is much less likely to try and take advantage of you and more likely to take you seriously if you are represented.

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My employer asked me for voluntary resignation due to a disability, is this legal and should I resign?

If your employer has more than 50 employees, the Americans with Disabilities Act requires them to provide a reasonable accommodation that would allow you to perform the essential functions of your job. I would need more information, but if the on call night shift is not an essential part of the job (which it does not sound like it is) then they need to accommodate your request. I do not think you should resign. If they terminate you, you may have a claim of disability discrimination. You...

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Civl suit against me for pain and suffering?

Based on the limited facts presented, it doesn't sound like he has a case. However, you need to file an answer by the deadline on the citation you received or he may obtain a default judgment against you.

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Denied Workers Comp for Mental Illness, then Fired

You should contact an attorney. There are several potential issues. Since your employer does not subscribe to workers compensation, you will not have a claim under the Act. However, you may have other claims, depending on the size of your employer under the FMLA, ADA and possibly Title VII.

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Do I have a case under the Title I &V ADA act of 1990 if I don't have a disability but was treated as if I did?

Based on the limited facts available, it is not clear if you have a legal claim or not, but to answer your question, the ADA does protect an employee who is "regarded" as having a disability. If you believe you have been discriminated against based on a perceived disability, you should speak to an attorney.

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One coworker take picture of me when I used the restroom and I go to HR and they no do nothin cause I call him for nick name

It is hard to say if you have a claim against your employer based on the facts provided, but you may have a claim for hostile environment and you should speak with an attorney.

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My lawyer's office is blowing me off and I have no way to contact him except through the office! What should I do?

Unfortunately, if your attorney does not return your calls, you may need to find another attorney. It is important to make sure your charge of discrimination is complete and accurate because you will not be able to pursue any claims that are not included in the charge. You should continue to try to reach your attorney, but if you are not successful, I would be happy to speak with you.

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What type of attorney do I need to pursue a civil rights case involving age and hearing?

You need an attorney who practices labor and employment law. You need to contact an attorney soon because you have a limted time to pursue any potential claim in court. If you do not have an attorney, I will be happy to speak with you.

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