Skip to main content
Leizer Z Goldsmith
Avvo
Pro

Leizer Goldsmith’s Answers

305 total


  • What are my rights in the workplace during pregnancy?

    I am currently 19 weeks pregnant, and have been experiencing some complications. Last week I passed it at work. Went to the hospital, in turn my doctor ended up writing me a note saying I needed to take it easy at work, keep fluids with me at all ...

    Leizer’s Answer

    The employer is required to accommodate your needs, at least if those same privileges are afforded to other employees who are not pregnant.

    See question 
  • How can I put in a lawsuit against my current employer before July 15, 2016.

    I told my Project Manager (PM) that the job I was hired to do was not a good fit because my skill set was not being used. I had a meeting with my HR and my PM and they said they put a genius in a mediocre role and will find me another contract to ...

    Leizer’s Answer

    The facts you present could well-- once other key facts are filled in-- indicate the possibility of a race discrimination case. You should consult qualified plaintiff's employment counsel, to discuss in full.

    See question 
  • What are my options, do I have a good enough case to sue them.

    I was sick with the flu, manager told me because I already had a corrective action I would be penalized. Had a fever and sweating profusely and still went to work. Left early to go to ER and told I had the flu, notified manager was told if I wit...

    Leizer’s Answer

    If you've been there over a year and the employer has over 50 employees, you have a right to take unpaid leave in this kind of situation. You could certainly consider suing them if they fire you over this.

    See question 
  • Should I sign and accept the package and work away or should I turn it down, ask for more, or proceed with my EEOC complaint?

    I am an African American and have been with my current job for nine years. I started off as a senior accountant and after much effort on my part; they reluctantly promoted me to Accounting Manager more than four years ago. I received the lowest ...

    Leizer’s Answer

    While the package might ultimately be acceptable to you, I think you should strongly consider discussing the overall situation with counsel before agreeing to it. In that discussion, require that the attorney discuss your potential case and its pros and cons, before getting to whether to accept the severance or not.

    See question 
  • Punitive damages for sexual harassment

    Can I receive punitive damages for sexual harassment? I want to file with EEOC. Or do I have to file with the companies EEOC first. The environment is very hostile for me.

    Leizer’s Answer

    The short answer is yes, as that is possible. I highly recommend that you find counsel before deciding exactly what procedures to follow and how. The procedures differ depending on whom your employer is.

    See question 
  • Do I have to work directly with the person that I filed sexual harassment against? Is there a law for separating us until.

    As an employee, when you file sexual harassment charges against a supervisor, do you have to be separated from them throughout the building? Or should we work in different buildings until the investigation is over. The supervisor was sending sexua...

    Leizer’s Answer

    It can be good practice for management to separate you, but make sure that in the process you are not punished for the wrongdoer's actions. This is a complicated area; contact counsel right away.

    See question 
  • Can my pay be deducted for the hours I don't work as a salary employee?

    As a salary employee (USA) can my pay be deducted for the hours I don't work? I started working for a company and month later my son was born. I worked the week after at home but put in less than 20 hours. I am supposedly exempt as I don...

    Leizer’s Answer

    From what you say and Ms. Wucinich's DOL excerpt, this is a "partial-day" deduction, which is generally not permitted. You should contact counsel.

    See question 
  • Can Complainant file a motion with the EEOC AJ pursuant to Rule 60 (a), Fed. R.Civ. P. to correct the formatting error?

    An EEOC AJ denied Complainant's pre-hearing motion to "correct fatal formatting of the EEO Complaint File and ROI" and reasoned because "Complainant's previous Attorney did not raise the issue in a timely fashion, the objection is now waived."

    Leizer’s Answer

    The federal rules of evidence don't necessarily apply directly, but you can certainly seek correction of an error. If you need to, you can appeal to the office of federal operations. You can also file a new lawsuit in federal court, which might wipe your the significance of the prior problem. You need to speak to counsel about all this, I think.

    See question 
  • What can I do?

    I was working at Home Depot a few months ago, got fired because of marking stuff down which meant that I was stealing money from them. Now I'm being accused of theft and I'm going to trial.

    Leizer’s Answer

    Were you authorized to mark stuff down, or did you do it on your own? If you were authorized, why do you suspect that they are claiming "theft"?

    See question 
  • What's taking so long for EEOC to process my case?

    What's taking so long for EEOC to process my case, it has been almost 3 years. I contacted the EEOC's investigator about my case, has stated that the case is now up for a review in finalizing my case. EEOC has stated that I have a pretty strong ba...

    Leizer’s Answer

    The delay is indicative of one of the commission's big problems. Do not wait for what will likely be an unsatisfactory result. Contact qualified counsel to help you with EEOC and to move forward as needed necessary from there.

    See question