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Don David Sessions

Don Sessions’s Answers

6 total

  • DO I need an attorney because i was denied for unimployment benefit?

    I was fired because of a violation.However they didn't have any proof of it.They just assumed.I am pregnant and had bad pregnancy in the past.And i injured my neck at work but never report it to workers comp because i loved my job and didn't want...

    Don’s Answer

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    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 employment. You may have an overtime claim, but I would need more facts to figure that out. Don't be discouraged, do something about it! Most attorneys do not even charge for an initial consultation.

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  • Is this defamation and discrimination?

    I was falsely accused for sexual harassment by a co-worker. The charge was dismissed as there was no evidence in the investigation. I have been assigned to a different area where there is loss of income due to work schedule as well as future oppor...

    Don’s 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 not cause the accused party carry-over damages, especially when there is no evidence.

    The legal answer is that you may have a claim for slander against the company or its agents for spreading untrue rumors. You also may have a claim against the alleged victim as well individually.

    The practical answer however is to decide if it is really worth it. There is no guaranty that you will win and if you win how much you will recover. If you take action, the rumors will spread further and the employer may have a grudge against you affecting your future there.

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  • Wrongful termination

    i was wondering if i had a case if i got fired the day after i rolled my company vehicle on a snowy road on the way home from work . i had been writing the condition of the tires in my preshift inspections that are required to be turned in daily.t...

    Don’s 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.

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

    As the PIP was accusatory in nature rather than having distinct objectives to reach. I do not want to sign this document. Am I required to? It's a right to work state (Georgia) and the HR director said I couldn't change the document that I could o...

    Don’s Answer

    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.

    If they say you can't correct it, then don't, but submit a separate letter expressing your concerns or asking for clarification so you can achieve definable goals. Don't wait for the PIP period to expire to find out how you are doing. But rather asked for a week by week review so you will know you are on track.

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

    I work for a small company. My boss always talks down to me. He cusses me and yels and threatens me with my job. I am always here on time. I do my job very well, it just seems he takes his anger out on me and the other girls in cust service all th...

    Don’s 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 it still does not stop, consider filing a claim with the the Federal Equal Employment Opportunity Commission or your state counterpart agency, if any. Evaluate the type of cussing involved, such as religious, race, sexual, or vulgar as that may affect how your claim is filed. If you are stressed out by it, consider going on a short medical leave and get some medication for it, and have the doctor allow your return in writing on condition that the improper actions cease. That would further document your suffering and put the pressure on the company to act.

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

    I will like to ask for a hourly rate but i want to know how much or what % they are able to take from my salarie

    Don’s Answer

    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, administration, sales and other factors, with issues of discretion and independent judgment as well.

    When an employer realizes its salaried employees are really non-exempt and need to be paid overtime, it often overly-cuts their pay to a low dollar amount so when combined with premium overtime pay it might be about the same level as the former salary. That could be regarded as an illegal retaliatory decrease in pay.

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