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Michael Clyde Harman
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Michael Harman’s Answers

158 total


  • I have an issue with my current position and the fact I just had a child

    I just had a baby 7 months ago. I have an appointment that was scheduled at my doctors 3 months ago. My supervisor is telling me I have to finish out my shift therefore missing my appointment. My shift is covered so that is not an issue. I don't f...

    Michael’s Answer

    Congratulations on your recent addition! The Pregnancy Discrimination Act prohibits companies from discriminating against employees on the basis of pregnancy, childbirth or related medical conditions. This includes all aspects of employment, including hiring, firing, promotion, pay and other employment benefits.

    These cases are very fact sensitive and it's hard to tell for sure if an employer is or is not being discriminatory without getting more details. If you feel like your employer is discriminating against you due to your recent pregnancy, you should consider consulting with an employment law attorney to discuss what options you may have to stop the discrimination before you lose your job, or what steps to take should your job be terminated due to this discrimination.

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  • What do I do if my foot was ran over at work but my supervisor stated if I filed a claim then the asphalt company would fire all

    I work for a temporary agency. I flag at night for Blythe. We were picking up the cones off the road and my foot was ran over. The supervisor stated if I file a claim all temps would be fired.

    Michael’s Answer

    Under REDA, a NC state law, an employee may not be terminated in retaliation for filing a claim for workers compensation due to a workplace injury, or even threatening to file a claim. If you were injured on the job and need treatment, make a claim for work comp. If you are terminated as a result, consult with an employment law attorney as soon as possible.

    Good luck.

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  • Do I have reason to pursue this any further.

    I was called into a meeting and my boss, the owner of the company told me he has to eliminate my position due to low sales in all my stores. I write the orders for 3 out of 4 stores. The one store we do not write the orders for is because their m...

    Michael’s Answer

    I agree with the responses from the other attorneys. Although your manager's actions certainly seem unfair, they do not appear to be illegal based on the facts you've listed. However, if you feel there is additional information that may suggest the actions were illegal, I can't stress enough that it would be worth consulting with an employment law attorney. In most circumstances it's impossible to get enough information from the paragraph available on Avvo to truly know whether or not a termination was unlawful. During the consultation, the attorney can ask for information to make that determination.

    Best of luck to you.

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  • I am proceeding on the belief that lawyers that practice in the area of EEOC have the ability to log in to access EEOC Charges.

    I received the result of an EEOC case that I was pursing that it had been dropped and closed. My only option now is to see if I can litigate.I would like to have my case reviewed for possible litigation. I don't believe that I got a fair deal in...

    Michael’s Answer

    Although attorneys do not have access to the EEOC database, you or your attorney can request a copy of the investigatory file from the EEOC pursuant to the Freedom of Information Act. In either case, I also agree that you should consult with an employment law attorney to advise you as to the strength of any potential claims and your options going forward. The majority of charges filed with the EEOC end with them issuing a notice of right to sue. So their decision to do so for you does not necessarily mean you do not have a case worth pursuing.

    Good luck.

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  • Do I have a case of gender harassment with a touch of a "glass-ceiling" environment (the grateful comment)?

    I recently applied for a job as a Supervisor. I didn't get the job, but my Director requested a One-on One meeting with me afterward. The meeting started out by him asking "Do you know why you didn't get the Supervisor's job?" He said the reas...

    Michael’s Answer

    I agree that the "woman in production" comment is a little concerning. It is illegal for an employer to make a hiring/promoting or firing decision based on sex. However, if the decision was based on a nondiscriminatory reason, that of course would be legal. There are several things that you could look at to prove that the decision was based on a discriminatory reason. You do not have to look at this incident in isolation. I would recommend consulting with a local employment law attorney who can get all the information from you that is needed to determine whether or not there is a valid claim here. Good luck!

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  • Is it legal for my manager to cut my hours down so drastically, when i have no write ups or have even been scolded for anything?

    I work for a company that seems to think that it is perfectly fine to short a person's hours drastically. I work part-time because i am a high school students. Therefore per week (on a good week) I may average 10-13 hours, but sometimes my manage...

    Michael’s Answer

    Yes - your manager can cut your hours down to 3 hours per check or even less. The exception would be if you can show the employer had an unlawful motive for the action taken against you. If the action was motivated by discrimination based on your sex, race, religion, disability, color, national origin or age, or by retaliation for your engaging in a protected activity, then the actions would be unlawful. Otherwise, they are free to cut away.

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  • How are male nurses protected by law in majority female environments?

    As a male nurse, I am responsible for the oversight of a set group of patients. A female supervisor witnessed an event which later resulted in a potentially serious injury to the patient. I was not aware of the incident until almost 24 hours later...

    Michael’s Answer

    Although it's not necessarily fair to assume that disciplinary decisions are unlawful simply because you are one of the only males under the supervision of female management, it shouldn't be automatically discredited either. Title VII does make it unlawful for an employer to discriminate against employees on the basis of certain protected traits; one of which being sex. This can be proven in a variety of ways. One way could be to show that a male was terminated for doing something when similarly-situated, female employees were not terminated for doing the same thing. If you truly believe your gender may be the basis for the employer's actions, it wouldn't hurt to set up a consultation with a local employment attorney who can get more details from you to access the validity of such a claim.

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  • Is this racism are discrimination

    I have been on my job almost 10months now I'm order to get hired you have to have 720hrs which I do but they said because of my absence they're not going to hire me right now and I was told not to bother him again about getting hired so i left it ...

    Michael’s Answer

    The post is a little hard to follow. Federal law prohibits employers from making hiring and/or firing decisions based on a number of protected traits, including race. If you feel that is the motivation behind the company's decisions, you should consult with a local employment attorney who can get more information from you to determine if anything unlawful is happening.

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  • Is it likely that I will be denied unemployment, given that there is no evidence of drug usage or drug test refusal?

    I was recently fired from a local small business that does finish end home remodeling. Being a small business and in construction, work tends to be very slow in the winter time and during our Christmas "break" which was about 2-3 weeks of no work...

    Michael’s Answer

    I agree with the other attorneys - you should definitely consult with a local attorney to see what valid arguments you can make for getting your benefits. For example, in North Carolina employers must meet the requirements of the North Carolina Controlled Substances Act and failure to meet those requirements provides grounds to get unemployment benefits. Maryland may have a similar law, so definitely speak with a local attorney familiar with the laws regarding unemployment.

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  • How do I proceed with filing a discrimination suit against eBay?

    This morning I placed several ads on ebay. One being a cpap mask which is an accessory and therefore does not require a prescription to purchase. Less than 5 hours had passed and my ad was removed and labeled a violation. I called and spoke with a...

    Michael’s Answer

    I agree with the other answers. Unfortunately, I do not hear facts supporting a valid claim for discrimination here.

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