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Alexander J. Higgins

Alexander Higgins’s Answers

233 total


  • Terminated without reason 2 days after asking for reasonable accommodation under ADA. How do I make a strong case?

    I was fired from my job two days after asking for reasonable accommodation under ADA. No reason was given. This was also 40 days into a 90 day probationary period. I can think of no other legitimate factors that would have led to my termination. I...

    Alexander’s Answer

    A good lawyer will need a lot more information to help you evaluate and focus your case. Do not provide more details on a public forum such as this. Find a lawyer and have a confidential dialogue with him or her.
    -Alex J. Higgins

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  • Would I have much of a case if not allowed to apply for other current openings where I might be qualified?

    I was an executive let go for "business needs and restructuring", told it wasn't for performance,and not allowed to apply for other current individual contributor positions that I might be qualified for. I am 61 and just 4 months this short of 62...

    Alexander’s Answer

    From what you're described, you may have a case for age discrimination. It does not make any sense to keep you from working at the company if you were let go for business reasons having nothing to do with your performance. I'm having trouble coming up with a non age-based reason for refusing to consider you for working at the company. You should talk to a lawyer about how to document this and then strategy in pursuing something.
    -Alex J. Higgins

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  • Reasonable accommodation for disabled based on ADA.

    For a WA state employee, who became disabled 60 days ago, and who asked her employer to provide reasonable accommodation to work, how long should an employee need to wait before the request is fulfilled? In the meantime, employee cannot work to dr...

    Alexander’s Answer

    The law does not provide an absolute answer. I tend to agree with the previous answer that this is enough time, unless an outside medical review is needed.
    I have had several ADA cases against the State. They are notoriously slow, which gets them into hot water. Rather than demanding a response within 7 days, you should talk to a lawyer about the larger strategy and your goals.
    -Alex J. Higgins

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  • Do I need a lawyer for my personal employment rights?

    I work for a large corporation in Kirkland. I made it through the layoffs from last spring. And have been moved back into a department I previously worked in. I am currently having difficulties in that position due to the prejudices of my current ...

    Alexander’s Answer

    I want to add my two cents to Mr. Nguyen's fine answer. Often, lawyers can provide helpful information on negotiating strategies for an employee to use, even if there is not a legal claim. A lawyer can also help you strategize about how to maximize the possibility of getting unemployment benefits. My experience is that an employee can benefit from buying an hour of a lawyer's time.
    -Alex Higgins

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  • Can I be fired because of an anxiety disorder that did not effect my job performance?

    Hello, I was just fired from my job because of an anxiety disorder that didn't effect my job, but I was told that it is their policy not to hire people with mental disability or disorders. Was I fired unlawfully? What action should I take?

    Alexander’s Answer

    That is unlawful under the Washington Law Against Discrimination and the federal Americans With Disabilities Act. Psychiatric disabilities are often misunderstood and the basis for adverse employment actions. Usually, an employer is not so open about its discrimination.
    Feel free to give me a call to see if I can help you.
    -Alex J. Higgins
    206.518.3698 is my cell.

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  • Is accepting an emailed job offer, no signatures, legally binding?

    I am new to US labor law. I received a job offer in an email, within which there were two bullet points: salary and start date. I accepted the offer, all being well with references, background checks etc. Upon investigating the organization, ho...

    Alexander’s Answer

    They cannot force you to accept the job. You are free to change your mind.
    -Alex Higgins

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  • Can my employer look through my cell phone?

    While working today, my employer stormed in and demanded to see my personal cellphone that was locked away in my pocket. I pulled it out and let her see it. She looked through my texts, and phone calls and accused me of calls that were not even th...

    Alexander’s Answer

    It's a very bizarre situation. She does not have the right to demand it. You have the right to refuse. On the other hand, you are probably at "at will" employee, which means your employer can fire you at any time with or without a good reason. Sorry the law is not more helpful.
    -Alex

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  • I have an ADA complaint against my employer. Should I file a complaint with the EEOC first or would it be better to hire an atty

    I am concerned that if I file the EEOC complaint myself, I may miss important facts that I can not bring up later. My employer will not accommodate my doctor's request to allow me to telecommute 3 days per week to mitigate a 4-5 hour RT every day,...

    Alexander’s Answer

    Hire an attorney to help you complete the EEOC Intake. In addition, an attorney could write a letter to the employer, which might help alleviate the retaliation.
    -Alex J. Higgins

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  • Laid off due to child

    I was recently hired on as a temp to hire at a large company. on first day of training we were handed our schedules and told that it may change at any given notice sometimes less then 24 hrs. notice and includes days off and was asked if any of us...

    Alexander’s Answer

    It's more complicated than you might think. You have a viable claim for a combination of gender discrimination and marital status discrimination We sometimes call this "gender plus" discrimination. It's not been litigated very often in Washington, but we need to hold employers accountable for this type of behavior. You can file a charge with the Washington State Human Rights Commission. It's easy to do on line. You might also wish to hire a lawyer.
    -Alex J. Higgins

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  • Can my employer ask me to work from home while I'm on a leave of absence and then not pay me???

    I have a bulging disk/nerve damage. I took a medical leave of absence as I was supposed to be on bed rest per my dr. I was supposed to have surgery the following week. But, my employer kept emailing/texting me. I got so worried that I was going to...

    Alexander’s Answer

    From what you're saying, the company is playing games and is violating your rights. You need to focus on getting better right now. They cannot make you work and then refuse to pay you for the time you worked.
    -Alex J. Higgins

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