Archived
If I signed settlement via EEOC mediation process can employer still terminate my employment? If so, can I sue for retaliation?
Jonathan's answer
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Answered on August 13, 2013
It depends on the circumstances. The fact that you filed (and are about to settle) a claim through the EEOC does mean your employer cannot fire...
Archived
Can i sue my ex-employer for non-paid o/t since i was paid as exempt when i should have been paid as non-exempt?
Jonathan's answer
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Answered on August 12, 2013
Although ordinarily you can only go back 2 years on overtime violations, if you can prove the violation was "willful" you can go back 3 years . I...
Archived
How do I address OT compensation I feel I deserve with HR dept.? Do I have a case if my employer does not agree to compensate?
Jonathan's answer
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Answered on August 07, 2013
I would need more information to answer your question, but if you have been misclassified as exempt then you are entitled to time-and-a-half...
Archived
Is it hard to prove discrimination on the basis of being fired after informing my employer of being pregnant?
Jonathan's answer
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Answered on August 05, 2013
The facts you have described seem to suggest pregnancy discrimination, but it largely depends on whether the company will be able to prove it...
Archived
What are my options if my job is forcing me to either work injured or take unpaid leave?
Jonathan's answer
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Answered on August 02, 2013
I agree with the previous answer. Depending on a number of factors you might be entitled to either an FMLA leave or a reasonable accommodation for...
Archived
Have I been sexually discriminated against? Hostile work environment?
Jonathan's answer
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Answered on July 22, 2013
The information you describe could be gender discrimination and/or disability discrimination, but I would need a lot more information to be able to...
Archived
Will my winning a case help others who want to file a lawsuit against the same company for the same reason?
Jonathan's answer
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Answered on July 19, 2013
Winning your case could help others with the same claim against the same company. If you win, there is a legal doctrine called collateral estoppel...
Archived
What information is an employer obligated to tell you about resignation laws and/or policies?
Jonathan's answer
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Answered on July 16, 2013
I agree with the other responses so far. As far as I am aware, there is no New Jersey law requiring companies to permit employees to rescind their...
Archived
A store employee grabbed sexually me multiple times?
Jonathan's answer
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Answered on July 11, 2013
It would depend on a number of factors. For example, was the employee who grabbed you a coworker or a supervisor? Did the employer have any...
Archived
Do I need a lawyer during EEOC process or can I handle it by myself/
Jonathan's answer
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Answered on July 09, 2013
You are not required to have a lawyer represent you through the EEOC process. It is really up to you whether you would like a lawyer, either to...