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Michael Vincent Galo
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Michael Galo’s Answers

51 total


  • I am a "at will" employee in the manufacturing industry. At my workplace, a serious accident took place causing injury to anoth

    er employee. A OSHA/internal investigation is taking place. I was not directly involved in the situation, not knowing personel were in the area or that any work was going on. I did witness actions prior to any work began, so I've been called in...

    Michael’s Answer

    it is protected activity to participate in an OSHA investigation. I recommend that you contact OSHA, and that you advise the OSHA investigation specifically of what you know and dont know to set the record straight.

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  • How is filing for an unlawful discharge based on a disability best be handled? And would my case qualify as such

    Is it legal for an employer to terminate an employee based on a disability which the employer was made aware of from the beginning, and without any history of misconduct or disciplinary actions against the employee? A And to inform the employ...

    Michael’s Answer

    No, it is not legal for your employer to do so provided that you were capable of doing the job with or without accommodation. I recommend that you contact legal counsel immediately. The next step after you retain counsel is to file an EEOC charge of discrimination.

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  • I have been on disability for 6 mouths and I am going back tomorrow

    When I go back I am going to have a meeting with my supervisor and her boss to discuss what job I will be doing? I am uncertain of what rights I have and if I am forced to work a totally different position then I was hired for?

    Michael’s Answer

    I recommend that you document your meeting meticulously. Since you have been on disability for six months, I assume that you have a disability under the ADA. The Company will be required to consider reasoanble accommodations. If you will need some kind of accommodation, be sure to specificially ask for it. Also, it is important to recognize that the ADA prohibits retaliation against employees who request reasonable accommodation in the workplace.

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  • I wote a letter to the EEOC.about losing my job by "race discrimination" that was about 3-4 week ago how before they contact me?

    i file the lettler with all info

    Michael’s Answer

    That seems too long. I recommend that you contact the EEOC immediately and that you visit them in person to file your charge.

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  • I was put down as non-rehirable for an organization I left on good terms and they wont hire me back.

    I reapplied for a position I previously held years ago. I left on good terms and even put in 3 weeks notice. I recently reapplied and was contacted by their recruiters because I did well on their prescreening assesments and they wanted to move for...

    Michael’s Answer

    The answer to your question turns on whether you engaged in any "protected activity" prior to resigning your employment. In other words, had you reported discrimination or harassment, had you requested an accommodation under the ADA, or perhaps had you sustained a workplace injury? So, if the real reason they wont rehire you is retaliation for having engaged in protected activity, then you might have a claim. Otherwise, Texas is an at will state, and you can be fired (or not rehired) for any reason so long as it does not violate some other law.

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  • Employee Not to compete agreement in Texas

    Covenant Not to compete. I quit my job on behaf of I was discriminated and there was favoritism other company policies enforced to attend client through our lunch break and we would get deducted the lunch time automatic. I was granted Unemployment...

    Michael’s Answer

    We would need to review the non-compete to determine whether it is enforceable.

    This being said, your description also indicates that you were forced to work through lunch and that your lunch periods were automatically deducted from your hours worked, even you had to work through all or part of lunch. If you were a non-exempt employee, then this practice is illegal and you could be owed back wages. I suggest you contact an employment lawyer for additional advice.

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  • I sign Employee not to compete agreement in Texas. I quit my job due to descrimination favoritism and unable to take lunch

    Covenant Not to Compete: During the period of the employee's employment with the company, the employee will not directly or indectly engage in, become employed by, or render services, advice, or assistance to any Competing Business. Samething: Sta...

    Michael’s Answer

    We would need to review the agreement to give you a definitive answer, but the reason for the employee's separation from employment (whether it be voluntary quit, involuntary discharge, constructive discharge, etc.) is normally irrelevant to whether a non-compete is enforceable.

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  • I was forced to quit my job what can i do?

    I was harassed by an auditor on my job repeatedly about my clothes until i confronted him about it, after i did he started attacking me thru my work that he audited, and waited till i missed work one day and used another employee to write me up ag...

    Michael’s Answer

    There is not likely much you can do about this situation unless you have evidence that the auditor's conduct was discrimination based on race, sex, religion, disability, etc., or unless you were being retaliated against for engaging in some form of protected activity.

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  • I was told i didnt get my bonus check because i was fired before the season ended. i was never told i was fired. what can i do?

    Ive tried to contact my manager and the owners for a month ive left several messages and they wont return my call. A customer service rep that i spoke with is the wone who informed me that i had been terminated.

    Michael’s Answer

    If you were terminated for reasons other than misconduct connected with work, you may be eligible for unemployment benefits. I suggest you contact the Texas Workforce Commission.

    Regarding your bonus check, whether you are owed the bonus will likely depend upon the employer's policy. You can contact the Texas Workforce Commission--Labor Law Department regarding unpaid bonuses.

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  • The company I work for missed a paycheck.

    The company I work for missed a paycheck. They said, "There will be no payroll for December 15th. We will try to make it up on December 30th if possible. If not, when things pick up next year we will have an additional payroll to make up for an...

    Michael’s Answer

    You are owed the money. Go file a wage claim with the Texas Workforce Commission--Labor Law Department. They will get you your money.

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