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David Bigelow Stouffer

David Stouffer’s Answers

81 total


  • May I schedule a free telephone consultation?

    David’s Answer

    Many attorneys offer free initial consultations. If you click on an attorney's profile you can find their contact info.

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  • Can you sue for harassment ?

    David’s Answer

    In short, this is not likely to be considered harassment. It does not sound like you are suffering harassment because of being a member of a protected class (e.g., gender, race, religion, national origin, etc.), but rather sounds like your supervisor is a bully to everyone. If you wish to complain about some of the potentially illegal practices of your employer, make sure to do so in writing, and preferably by e-mail. Make sure to BCC the e-mail to a personal you can access. Moreover, you can report your employer to the Attorney General's office.

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  • Nurse working three 12hr shifts per wk in Ohio.when I'm too busy to take a lunch can my employer discipline me for it?

    David’s Answer

    Your employer could be violating your rights under the FLSA to be paid for all hours worked. You should contact an employment attorney to schedule an initial consultation. Many offer free consultations.

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  • What should I do?

    David’s Answer

    It sounds like you definitely could have a claim under FMLA. Because your employer acted willfully, you have 3 years from the date you were terminated. Also, you can bring a claim under Ohio's Civil Rights law for disability discrimination within 6 years. You should contact an employment or discrimination attorney for an initial consultation. Many offer free consultations.

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  • Can an apartment community charge you a deposit and monthly fees for an emotional support?

    David’s Answer

    In short, no. Your landlord cannot charge you fees or charges for having either a service or assistance animal because they are not legally considered pets. If the pet causes damages to the property, a landlord can charge you for the repairs. Your landlord is actually breaking the law. You should contact an FHA/discrimination attorney for a consultation.

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  • Work related. not treated fairly at local national restaurant to take off top in front of 1 or 4 managers.

    David’s Answer

    This sounds like sexual harassment and possibly wage & hour violations. You should contact an employment or discrimination attorney for an initial consultation. Many offer free consultations.

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  • Can my employer terminate me because another employee is quitting and they need me to up my availability and I cannot.

    David’s Answer

    Unless you have a written employment contract that says otherwise, yes your employer can. You are probably at will, which means they can terminate you for any or no reason at all, as long as it is not an illegal reason (e.g., discrimination, against a public policy, etc.)

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  • Do I need an EEOC attorney?

    David’s Answer

    It sounds like there might be a lot of potential issues with your case.

    First, you might very well have an Equal Pay Act claim for being paid less than half as the men in your company with the same position. Equal pay claims can become difficult to prove, and are very fact dependent.

    As to being requested to work off hours, you could very well have a claim for unpaid wages (and overtime if you are non-exempt). If you are hourly, then you must be paid for every hour worked. So you could very well have a wage & hour claim.

    There seems to be no disability discrimination since you were granted an accommodation.

    Everything else does not strike me as constituting a legal claim for damages. I think you should definitely contact an employment/discrimination attorney for an initial consult. Many attorneys offer free initial consults.

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  • Is it legal for my company to reprimand me over comments on an anonymous workplace survey?

    David’s Answer

    Depends on what was reported in the survey, and what they did to retaliate. Need much more facts.

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  • What steps should I take after filing a complaint to management and not hearing anything back from managment or HR after 2 weeks

    David’s Answer

    This does not appear to rise to the level of hostile work environment. Also, no retaliation has occurred. Unfortunately co-worker banter and kidding around, even if moderately offensive, does not usually create a hostile work environment.

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