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David Bigelow Stouffer

David Stouffer’s Answers

81 total


  • How can I identify landlord or management of community harassment discrimination or retaliation?

    David’s Answer

    It is generally true that you must have the area immediately by your windows clear of any obstructions for safety concerns (in case fire department needs to gain access to unit via window). However, if you do not have significant obstructions around your window, and other people have equal or greater obstructions on their windowsill but did not receive a complaint, then this could be discrimination. Much more facts are needed, and you should discuss your case with an attorney.

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  • Can a doctor's office legally ask for my service dogs vaccination records?

    David’s Answer

    Allowing employees to bring a service animal is a reasonable accommodation under the ADA. If you suffer from a disability that requires a service animal, an employer must allow you to bring a service animal as long as it does not pose an undue burden. You should contact an employment or discrimination attorney to discuss your case in greater detail. Many offer free initial consultations.

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  • Can I be terminated for cause if I thought I was following company policy but made an error?

    David’s Answer

    Unfortunately, employers can terminate employees for any or no reason at all, as long as the reason is not against public policy or is discrimination.

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  • Is there a potential lawsuit, where an employer claims benefits are 401k?

    David’s Answer

    There could be a promissory estoppel claim here, if you can prove you relied on the promise of a 401K being offered in accepting the job. Furthermore, if your employer has an employee handbook which promises 401K to employees, that would be additional support for a promissory estoppel claim. If your employee contract states you have a right to a 401K, then you might also have a breach of contract claim as well.

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  • What is the statue of limitations for wrongful termination?

    David’s Answer

    Usually between 6-8 years. It depends if it is an oral or written contract. Oral employment contracts usually have 6 year statute of limitations, whereas a written employment agreement will usually have an eight year statute of limitations.

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  • What is my course of action needed to file a complaint for work place harrassment

    David’s Answer

    Unless she is motivated by discriminatory animus (e.g., race, religion, gender, gender identity, age, etc.), I do not believe there is a claim here. Unfortunately, the law does not protect against horrible bosses or co-workers. As many cases say, "Title VII is not a civility code." If your co-worker is simply a nasty person who treats you horribly like everyone else, and she is not doing so out of impermissible discriminatory animus, then there really is no recourse as far as the law is concerned. I would recommend you document every occurrence of mistreatment, keep HR informed, and hope this person is reassigned or terminated. Best of luck.

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  • What do I do about a false w2?

    David’s Answer

    Keep it in your records. If you did not receive any work from the agency (thus no income), then I would not worry about it. You should follow up again with the agency to sort it out. Does the W2 claim you were paid?

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  • Can a temporary employee file wrongful termination lawsuit if promised a position and then replaced?

    David’s Answer

    Proving wrongful termination as a temp employee is very difficult. Ohio is an at-will state, which means employees can be terminated for any or no reason at all, as long as the reason for the termination is not illegal (e.g., discriminatory, or goes against a public policy). However, you may have contract claims against your employer if you had an employment contract that guaranteed a position after successful completion of an initial period of temporary employment. You should consult an employment attorney to arrange an initial consultation. Many employment attorneys offer free initial consultations.

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  • I have been dealing with some racism at work and now I’ve been suspended without pay indefinitely

    David’s Answer

    More facts are likely needed to fully flesh out whether you are a victim of race discrimination. The fact you were written up after being admitted to the hospital could be an FMLA or ADA claim if certain facts are present, but is is not possible to determine from the limited facts you provided. I recommend contacting an employment or discrimination attorney to arrange an initial consultation. Many attorneys do initial consultations for free.

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  • How should I handle a store employee who insists it’s policy to hold my arm while I try on ring? Was this discrimination?

    David’s Answer

    • Selected as best answer

    According to Ohio Revised Code 4112.02(G), you indeed may have a claim against Kohl's for violating your civil rights. According to 4112.02(G), it is an unlawful discriminatory practice:

    "For any proprietor or any employee, keeper, or manager of a place of public accommodation to deny to any person, except for reasons applicable alike to all persons regardless of race, color, religion, sex, military status, national origin, disability, age, or ancestry, the full enjoyment of the accommodations, advantages, facilities, or privileges of the place of public accommodation."

    Furthermore, place of public accommodation under 4112.01(9) means "means any inn, restaurant, eating house, barbershop, public conveyance by air, land, or water, theater, store, other place for the sale of merchandise, or any other place of public accommodation or amusement of which the accommodations, advantages, facilities, or privileges are available to the public."

    Technically you could try and bring a claim under Title II of the Civil Rights Act of 1964 or Section 1981/2, but federal courts routinely do not include retail stores in their definition of "place of public accommodation," and generally are hostile to Section 1981/2 civil rights claims.

    Under R.C. 4112 therefore, you most definitely have a claim that Kohl's violated your civil rights, and a claim for battery. You should contact a civil rights/discrimination attorney to discuss your case further. Many offer free consultations.

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