Don David Sessions’s Answers

Don David Sessions

Mission Viejo Discrimination Lawyer.

Contributor Level 7
  1. DO I need an attorney because i was denied for unimployment benefit?

    Answered almost 2 years ago.

    1. Don David Sessions
    2. Michael Robert Kirschbaum
    2 lawyer answers

    If any part of their decision to fire you was because of your pregnancy or injury, you would have a very good case against them. To the extent there is no proof of your supposed violation, or firing was beyond any reasonable discipline, your claims of discrimination would become even more credible. Pregancy cases are like "motherhood and apple pie" in the courts and are strongly favored.You may have other claims as well, if you complained about certain things during the course of your...

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  2. I was given a performance improvement plan that was vague with unachievable objectives to accomplish in a 30 days. Legal options

    Answered about 4 years ago.

    1. Paula Jeanette Mcgill
    2. Don David Sessions
    3. Archibald Johns Thomas III
    3 lawyer answers

    Look at their true motivation behind the PIP. If it is discriminatory in nature or retaliation for your complaints of illegalities, then you will have much greater legal rights and should see an attorney. However, if it really is based on your performance, and the goals are just not as clear as you would desire, play their game and sign it, especially if you are only acknowledging receipt and not agreement with all the accusations. Otherwise they could write you up for being insubordinate....

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  3. Is this defamation and discrimination?

    Answered about 4 years ago.

    1. Don David Sessions
    1 lawyer answer

    The employer has a duty to investigate the claim made by your co-worker. It also has a duty to maintain confidentiallity as much as possible especially if they found no evidence to support her claims. "He said-she said" situations in the workplace are not unusual and cause great problems for employers in the middle. If they don't support the alleged victim they could be liable and the same is true for the alleged harasser. Regardless, they must be careful to contain any investigation and...

    1 lawyer agreed with this answer

  4. What can I do when my boss cusses and yells at me and threatens me with my job?

    Answered about 4 years ago.

    1. Don David Sessions
    1 lawyer answer

    Look at the employee handbook, if any, and read the policy on harassment. Consider sending your boss a letter or email listing his cuss words and any policy and ask him to comply. It is nice to go to him first out of courtesy if it works. Then, if he does not stop, go over his head to his boss with a copy of your original notice to your boss and ask for help. Keep a journal to track his improper actions and words as well as any complaints you have made as it may be good evidence later. If...

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  5. Im a salary emplee,if i ask for a demotion to a hourly position How much they can take from my salarie

    Answered about 4 years ago.

    1. Archibald Johns Thomas III
    2. Don David Sessions
    2 lawyer answers

    If you are applying for a much lower position, then whatever that position pays normally will dictate the cut in what you formerly made. But the real issue usually involves a "salaried" employee who really is "non-exempt" from overtime pay who demands to be paid hourly with premium pay for overtime hours. Just being salaried does not necessarily make you exempt from overtime rules. Salary status may be one component but not the only one to be exempt. The others involve management,...

    1 lawyer agreed with this answer

  6. Wrongful termination

    Answered about 4 years ago.

    1. Don David Sessions
    1 lawyer answer

    It sounds as if you were a whistle-blower about the poor condition of the tires, were forced to drive the vehicle in an unsafe condition, and then fired after risking your life. You have claims for retaliation against you regarding safety in the workplace. They should be ashamed of themselves.