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Lionel Martin

Lionel Martin’s Answers

21 total


  • Should I contact an attorney? (Employment)

    Lionel’s Answer

    I recommend you talk with an employment lawyer quickly. It is unclear what you mean by "unprofessional behavior."

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  • Can I take legal action against him and Sue?

    Lionel’s Answer

    Sounds like your boss is a jerk, but there is no law that permits an employee to sue their boss because they are not nice. i would look for another job.

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  • Do I have the right to refuse? And if I do can they terminate me?

    Lionel’s Answer

    If you are at will employee, they can also discipline you, including termination, for failing to cooperate with the investigation. i would suggest you hire an employment lawyer to assist you with this investigation, especially if you are the subject of the investigation.

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  • What are his rights being that he has so many years of service, has been a good employee and just turned 50?

    Lionel’s Answer

    As you may have heard, Texas is an at will employment state, so an employer can fire an employee for any reason or no reason. This assumes there is no employment contract. An employer cannot, however, fire someone due to a protected activity or because of someone's race, sex, national origin, age, religion, disability, etc. Now if your husband was laid off because of his age, and you can prove that, then his employer likely violated federal and state law. Based on your description it is impossible to make the leap and argue that this is age discrimination. As such, I suggest you contact an employment lawyer to get more details regarding his layoff.

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  • Where do I stand?

    Lionel’s Answer

    You reference a contract. Assuming it was fully executed, that contract will govern the relationship. I suggest you have that reviewed by an employment lawyer.

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  • Can I file a class action suit against my employer?

    Lionel’s Answer

    Like the previous answer, you should talk with an employment lawyer soon. They would need to get more information to determine whether your employer is violating the Fair Labor Standards Act.

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  • Can you explain to me how to file discrimination and if I can even do so in this situation.

    Lionel’s Answer

    You can file a claim of discrimination with the U.S. Equal Employment Opportunity Commission or the Texas Workforce Commission. But you do have a short period of time to file a claim. It is likely better/easier to have an attorney help you with this process, but you can also do this on your own. Either way, i suggest you talk with an attorney or two and get their opinions.

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  • I have a valid subpoena from a criminal court. My employer doesnt want to pay for me missing work. Can they do that?

    Lionel’s Answer

    I agree with the prior response. Now if they fire you or discipline you in some other form, then they may violate this law. However, an employer has no legal obligation to pay you due to you missing work under these circumstances.

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  • Can I sue my company if the did not hire my wife, due to her existing medical condition?

    Lionel’s Answer

    You do not have standing to sue them, but your wife does. I would suggest that your wife talk with an employment lawyer very soon because there are short deadlines to file a claim. Good luck.

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  • Do I need to sign a termination contract in the next 7 hours?

    Lionel’s Answer

    • Selected as best answer

    I would hope the agreement would answer some of these questions. It does, however, appear suspicious that your employer is trying to use things that happened last year to justify a "for cause" termination. I would talk to an employment lawyer before you sign any termination agreement.

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