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Mary Ruth Mann

Mary Mann’s Answers

3 total

  • How can I prove my exemployer is lying about what happen at our last meeting, when I was fired?

    My exemployer accused another employee of stealing, not to her face . They(her and her daughter) went to everyone including her nephew and told them that she was stealing. She had been employed there for 15 years. When this employee returned to wo...

    Mary’s Answer

    I do not practice law in the state of Idaho, and so I cannot give you legal advice. We do not give legal advice without an in office consultation and review of all the facts. The informaiton that follows is general information about employment rights and is not "legal advice" to you. This is general information that you should check with local attorneys and local administrative agencies.

    You are to be commended for refusing to violate the law. Fortunately some (but not all states) provide protection for that good citizenship. You can contact your state and federal Department of Labor to check about filing a complaint about retaliatory termination of your employment -- the basis would be that you refused to do what you believed to be a violation of state and federal wage laws, that is, you refused the employer's direction to "wilfully withhold and fail to pay wages that are due", since the other employee had apparently already earned the wages at the prior rate of pay. Administrative agencies can investigate and get back pay or negotiate for your job back, but often will not go to court for you. If your employer is a public employer, you may be able to file a "public records" request for communications about the other employee and yourself. Those laws don't apply to private employers and corporations.

    If there are employees who heard the things that were said, you can contact them outside the workplace and ask them to write a statement now while it is fresh in their minds and get a copy of that statement so they will remember the facts and dates weeks or months from now when you might need them as witnesses. In many states if you have them date and sign that written statement and write that it is made "under the penalties of perjury of the state of ____" and sign and date the document and write the name of the town where the statement was signed, the statement may be admissable in court proceedings.

    It is probably worth your time to contact a local lawyer that does employment law for employees and have a consultation. The lawyer could assist in evaluating your claim and might write a letter to resolve your claim without a lawsuit.

    Your recoverable damages may or may not be substantial, and it will depend the facts and the law that applies in your state, and on how long it takes you to get another job and whether you can get the same pay level in your new job. Some states laws also provide for "emotional distress" type damages for wrongful termination, and some state laws provide for recovery of attorney fees and costs.

    You will have a VERY SHORT TIME to file a complaint with administrative agencies, some as short as 30 days and you can start that process without a lawyer if you choose. The length of time you have to file in court depends on state law so you should ask the state agencies and a local attorney right away to know your time deadlines.

    The other employee may have a claim for "defamation" of character based on the false and damaging things that were said about her. However, employers have more latitude to talk about things relevant to the workplace than someone who is not in an employer /employee relationship. Again, that will depend on your state laws whether the employer has "crossed the line."

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  • What can I do when a probation officer is lesbian and she retaliated against her clients?

    Diane Go^%man was a C/O out of Puyallup. She called my home and left several very rude messages on the machine. I kept recordings. She did not get an answer so she went to my home. Only my friends were present. C/O went into my girlfriends car and...

    Mary’s Answer

    Your question has several dimensions. It would be challenging to show the different treatment between you and female offenders. You would have to show that the read on for revocation was her discrimination rather than your conduct. An attorney would need more facts and witnesses. Her note is not sworn testimony and might not be admissable as evidence. However the note could be considered an "excited utterance". Then it would be necessary to fing out throughublic records requests or civil suit discovery what complaints or investigations there had been to put her employer on notice of her discrimination or harassment of probationers .... I think the way to start without an attorney would be to write a public records request for her personnel file, complaints or reports from onside or outside the employer about her conduct and any investigations, emails or memos or reports about her conduct.. There might be a charge for the documents but it can be small if you get them in electronic form on a CD.. Discrimination is usually proved by comparison to better treatment of the other group so it will be important to gather information about benefits she gave to females in similar situations.

    When you have reviewed some of that information you may have evidence to interest an attorney. If you could prove you were wrongfully incarcerated there is certainly harm to support a suit if the other evidence will establish that her employer knew or should have known and is liable... A case against her personally would do little good if you can't prove the phlox agency is legally responsible for her conduct.. The fact of her being lesbian is not relevant unless her benefits to females are "quid pro quo" for sexual favors or something like that. Employers cannot discriminate based on sexual orientation of employees. RCW49.60.180

    I hope that is helpful. This is not legal advice as I do not have enough information to evaluate your situation and I am not representing nor offering to represent you. Best of luck. I am sorry this has happened to you.

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  • What should I do in case of discrimination that comes from professor?

    Last night i went to work on my project in lab room.My instructor came and said hi to me and started accusing me of things that i didn't do further more she said that I don't like her, and that is not OK to go to other instructors for help,I asked...

    Mary’s Answer

    Under Title XI and Department of Education Regulations and Title VI of the Civil Rights Act, the school must provide a non discriminatory environment. What you describe may or may not rise to the level of a "hostile environment", but can be reported to the EEO Officer of your school. The school is likely to do an investigation so you need to know names of witnesses who will corroborate your observations. Retaliation for such complaints is illegal, but it is not uncommon. You will need a chronology of all the comments and conduct that were offensive to you and all of the efforts you have made to address it with the professor and the school.

    You can call the Washington Human Rights Commission for information on their jurisdiction of Education issues.

    Some schools have "ombudsman" positions to resolve such issues, but do not confuse the ombudsman with an advocate for you. They are paid by the school to make conflicts go away. You have less power than the professor within that community.

    You can go directly to the Office for Civil Rights of the US Department of Education with a complaint, but again, you may or may not get a finding of discrimination and you may be out of school by the time they take action.

    A more effective approach might be to talk to other students and see if this is a pattern and when you go to the administration or EEO office for help, go with more than one witness.

    Another approach might be to go and talk to a counselor at the school for assistance in confronting the issue.

    A lawyer could assist you by writing a letter to the school using your chronology and statements of any witnesses. That could be effective in getting the school to address the issue and get you assistance.

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