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NLRB or private hire attorney for filing a DFR against my Union?: Would filing a DFR claim be just as effective as a private hire attorney in filing a DFR claim? What are the pros and cons of filing through the NLRB if I cannot afford an attorney on my own?

Asked over 6 years ago in Employment

Dustin’s answer: You should definitely consult with an attorney before pursuing this at all. You generally cannot bring a DFR lawsuit in court without first filing the NLRB charge (your post suggests you think these are alternative solutions). More importantly, you should talk to a labor lawyer (one who specializes in "labor" law rather than "employment" law - "labor" law is the law governing employer/Union relations). It is VERY difficult to prevail on a DFR charge against a Union so you want to have an experienced labor lawyer give you an honest assessment of the risks and likelihood of success.

Answered over 6 years ago.


Can a person 62 years of age who is qualified for a federal job be denied that job because of age. the job is a desk position: job is to manage and delegate repairs for section 8 housing units in NYC . the position is open as of April 1st and I meet all requirements for city and state need to secure job but fed gov says I can not be over 50 to secure job

Asked over 6 years ago in Employment

Dustin’s answer: The short answer is that Title VII of the Civil Rights Act and the Civil Service Reform Act of 1978 both prohibit a federal employer from discriminating against applicants on the basis of age (note this only applies to workers over 40). There is an exception where they can prove that age is a "bona fide occupational qualification," but that certainly isn't apparent from the details in your post.

I would suggest contacting a local employment lawyer immediately to discuss this further.

Answered over 6 years ago.


My husband was in a motorcycle accident while on work time 6 months ago. Can he still file a workers' comp claim?: We have used our personal auto and medical insurance for his many medical needs & surgery. He was on the highway and hit from behind. His motorcycle was totaled and the person who hit him does not have good insurance. His work has paid him a straight 8 hours per day on the days after his accident that he was home and for 2 weeks following his surgery last month.

Asked over 6 years ago in Workers Compensation

Dustin’s answer: You generally have a year from the date of injury to file a workers' compensation claim. The employer is also supposed to provide the claim form (DWC-1) within 24 hours' of notice of the potentially work-related injury and to begin providing medical treatment within 72 hours. Thus, not only does your husband have a potentially viable workers' comp claim (for the next six months), but it sounds like the employer may be on the hook for some penalties for non-compliance with its own notice and treatment requirements.

Your husband should talk to a workers' compensation attorney immediately. Good luck!

Answered over 6 years ago.