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Joseph J Haddad

Joseph Haddad’s Answers

7 total

  • Do i need a lawyer

    my hours were cut at work because i called the employee hotline to tell that my boss was not giving us breaks. we usually get them but she was in a bad mood that day and told me i could not take one. others had breaks. the hotline told the manage...

    Joseph’s Answer

    This sounds like retaliation, which may very well give you a basis for suit. However, you must be very careful about raising such a complaint in court when you are still employed with the company. If this is a position you value and you envision a long-term future, that future will be permanently jeopardized if you take legal action. Think about what you want to accomplish before fighting back-- is it more important to keep your job and let this blow over? Or would you rather sue b/c of a vindictive boss?

    You should also consult your employee handbook to see if your hotline promises confidentiality or anonymity. The hotline probably should not have told the manager your name. This would have a chilling effect on any complaints related to the workplace, which reveals a broader more systemic problem. I hope this helps.

    J

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  • I am dating some one from one of my competitors. can i get fired for that

    I am warehouse manager at a plumbing heating electric and my partner is a technician at another company. one of our biggest competitors

    Joseph’s Answer

    Employers can, and sometimes will, terminate one's employment for any lawful reason, particularly in an at-will relationship. The situation is particularly sensitive if you have a No Fraternization policy that prohibits this type of relationship, or if the nature of your respective positions may threaten the safe-keeping of proprietary information by your company. However, even in a dog-eat-dog world, businesses know that love isn't very easy to find, and that most people spend their times in their own business environment. Hopefully your employer is understanding of this and won't discipline you for whom you are dating.

    J

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  • Fired for not passing a drug test

    i was tested and fired for not passing a drug test along with multiple other employes but i was the only to to be fired, they stated that they terminated me because i did not pass my drug test then why did they not terminate the others is this dis...

    Joseph’s Answer

    No, this is not necessarily actionable discrimination, but could still be a violation of your privacy rights. Any employer who subjects their employees to "mid-stream" employment drug testing must have justifications for doing so. For example, if you work in a white collar environment, it is difficult to establish a basis or business reason for subjecting WC employees to random drug testing, whereas it is very easy to do so if your job entails the operation of heavy machinery. The pertinent questions are:

    What kind of job do you have? Are there safety concerns related to your position? Does your employment specifically provide for random testing or a reasonable suspicion standard? Were you involved in an accident that led to a drug test?

    There are many concerns and issues related to a dismissal for failing a drug test. Pls contact a local attorney.

    J

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  • Can i sue a my employer for mental aguish with no phyiscal injuries

    feeling depressed, sad for what happened to other coworker,feeliing like i caused what happened but it is not my fault,feeling like everyone is watching when i was working

    Joseph’s Answer

    You should consult an attorney. Emotional distress damages are a component to wrongful and unlawful conduct in the workplace. Assuming you can establish liability, emotional damages in absence of physical injuries are available to you.

    J

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  • I was let go on 05/05/2010 and would have been at my job for 2years on 05/20/2010. my job will not pay me vacation pay.

    im i entailed to my vacation pay?

    Joseph’s Answer

    Pls speak to your local or state employment agency on this subject, but unless Indiana state law drastically departs from the norm, the answer to your question is, No. Vacation pay is not a benefit or term of employment that is typically mandated or required by state law, it is something that employers may give to its employees as part of a compensation package. Now, if your employee handbook or policies grant you vacation pay, and you satisfy the necessary terms to be entitled to vacation, you may have a breach of contract claim against the employer for not giving this benefit to you. But based on the facts above, it doesn't appear that the prerequisite conditions were satisfied.

    Joe

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  • My boss copy without any approval my personal data, document and contact information from my personal USB stick, Is that legal ?

    Can you help me to find out my right in this case thank you

    Joseph’s Answer

    Employees' privacy rights can be restricted in the workplace. Was your USB stick plugged into a company computer at the time your boss copied the data? If so, it may be very difficult to establish that the boss violated your privacy. Refer to your employment manual to see if it specifically provides for any rights re company equipment, technology, etc. Now, if your boss disseminates your personal data or otherwise uses personal information beyond the confines of the workplace, you may very well have a common law tort claim against the boss/company for the act of dissemination, but that is a different cause of action and one that is unrelated to the act of merely copying your data.

    Joe

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  • Can I do something to a former employer if the employees are making false statements about my work with the company to clients?

    A client that I deal with had some information about me from a former company that i worked with giving me a bad reputation.

    Joseph’s Answer

    You may want to send a cease and desist letter to the employer to refrain from allowing others to make disparaging remarks about you or your character/reputation. Slander or defamation is a serious and commonplace tort that occurs in the employment setting, the difficulty, however, is whether you can establish any liability on the part of the company or employer. Are the false statements being made by managers or the rank-in-file? If the latter, you may have a cause of action against the employees but not the company. If the former, you may have a claim against the company if the false statements are not privileged or otherwise essential to the operation of the company's business. In either case, try not to get your "client" too involved, you want to be careful not to offend or annoy those who really pay your bills . . .

    Joe

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