Darrel S Jackson’s Answers

Darrel S Jackson

Phoenix Employment / Labor Attorney.

Contributor Level 17
  1. Can a new employer end your employment without a valid reason?

    Answered about 3 years ago.

    1. Darrel S Jackson
    2. Henry Allen Arnett
    3. Marilynn Mika Spencer
    4. Stuart M. Address
    4 lawyer answers

    Ohio is an at-will employment state, which means that your employer is free to terminate your employment at any time, and for any reason or no reason at all. There are a few exceptions, however. You are not an "at will" employee if you are covered under a collective bargaining agreement through a union, or if you have a employment contract with the employer that specifices that you may only be terminated for cause. Also, an employer cannot terminate an employee (even an "at will" employee)...

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  2. My friend won discrimination law suit against his ex employer and the jury award him $350,000.now the employer is considering

    Answered over 1 year ago.

    1. Darrel S Jackson
    2. Michael Joseph Wall
    3. Robert V Cornish Jr.
    4. Alan James Brinkmeier
    5. Christopher Daniel Leroi
    5 lawyer answers

    I'm not sure whether you can get an appellate attorney to work on a contingency fee basis, but you might be able to get a Nashville attorney to review the case to determine whether he or she would handle the appeal on a contingency. I'm not sure that I agree that appeals are "extremely" expensive. The factual record is frozen on appeal, meaning that there is no additional discovery, no more depositions, no additional evidence, etc. Almost all of the work on appeal is drafting the briefs and...

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  3. Can I sue a business segment of a large corporation for sexual harassment or do I have to sue the corporation itself?

    Answered almost 2 years ago.

    1. Debra Vera Jennings
    2. Steven E. Petrou
    3. Kevin Rindler Madison
    4. Michael Charles Doland
    5. Darrel S Jackson
    6. ···
    7 lawyer answers

    You really should consult with an employment attorney before you proceed. You may need to file a charge with the US Equal Employment Opportunity Commission or an analogous state agency before you can file a lawsuit. In addition, filing a lawsuit can have significant consequences for you, so you should carefully evaluate your situation before proceeding. Good luck.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can an employer fire an employee when on Workmans Comp???

    Answered about 1 year ago.

    1. Darrel S Jackson
    2. Mishka L Marshall
    3. John M Connell
    3 lawyer answers

    Your employer may not lawfully terminate you because you were hurt on the job and filed for workers' compensation benefits. You may want to consult in person with an employment attorney to get a careful evaluation of your case.

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  5. Do i get overtime

    Answered almost 2 years ago.

    1. Darrel S Jackson
    2. Rachel Anne Sabo
    2 lawyer answers

    Most overtime exemptions require that the individual be paid on a salary basis, but they also have other requirements (e.g., regularly supervisor two or more employees). In other words, the fact that you are paid on a salary basis does not make you exempt by itself. Below is a link to a page on the US Department of Labor's website describing the various overtime exemptions. You should also consult with an employment attorney to get a careful evaluation. If brought a successful lawsuit under...

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  6. Can I sue the Employer for Retaliation?

    Answered about 1 year ago.

    1. Darrel S Jackson
    2. Christine C McCall
    3. L. Vincent Ramunno Jr.
    4. Gretchen E Birkheimer
    4 lawyer answers

    I would encourage you to consult in person with an employment attorney to see if you have some leverage for trying to get the one-month severance period lengthened. However, the "retaliation" angle that you describe is likely not a valid legal claim. An employer can lawfully decide to terminate an employee who disputes a performance evaluation, and it is not considered unlawful retaliation. From the employer's perspective, the employee is not responding well to criticism. Good luck.

    8 lawyers agreed with this answer

  7. Is it true that i dont have a p.i. case?

    Answered about 1 year ago.

    1. Darrel S Jackson
    2. Timothy D. Belt
    3. Bobby L. Bollinger Jr.
    4. Robert Alan Huber
    5. Thomas Stoddard Cook
    6. ···
    6 lawyer answers

    The lawyer who gave you the opinion presumably received all of the details of the situation from you and conducted legal research on the issue. However, your question only provides the most basic facts regarding your situation. There really is no way that a lawyer on this site could give you a second opinion without having all of the information that your first lawyer had. If you have doubts, then you may want to consult in person with a second attorney to get a careful evaluation. Good luck.

    8 lawyers agreed with this answer

  8. How much is a sexual harassment, discrimination and retaliation case worth?

    Answered about 1 year ago.

    1. Darrel S Jackson
    2. Nathaniel John Oleson
    3. Robert John Murillo
    3 lawyer answers

    If were asking how much a 2010 Chevy Malibu in good condition is worth, then it would relatively easy to give you a concrete answer. However, the answer to most employment law questions is "it depends." For the types of claims you list, a successful plaintiff could recover the value of lost compensation and benefits (assuming that the plaintiff was terminated), compensatory and punitive damages, and attorneys' fees. Of course, the value of lost compensation and benefits depends on how much...

    8 lawyers agreed with this answer

  9. My employer is eliminating my full time position and I will be knocked back to part time hours. Can they do that?

    Answered almost 2 years ago.

    1. Darrel S Jackson
    2. Michael Robert Kirschbaum
    3. Neil Pedersen
    4. Patrick John Phillips
    4 lawyer answers

    Yes, employers generally have very broad discretion to manage their work force and operations. Unless you have an employment contract that guarantees full-time employment, the company may reduce your hours to part-time.

    8 lawyers agreed with this answer

  10. Employer breached contract

    Answered about 3 years ago.

    1. Darrel S Jackson
    2. Pamela Koslyn
    2 lawyer answers

    I'm sorry that you are going through this situation. What is the nature of the contract that you refer to? Did you have a written contract with your employer? In Arizona, when an employee resigns, the employers is required to pay final wages on the next regular pay day. Your employer cannot refuse to pay your final wages merely because you resigned. The Wage and Hour Division of the Arizona Industrial Commission investigates wage claims, but only if the amount of the unpaid wages in less...

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