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Dana Mason Gallup
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Dana Gallup’s Answers

36 total

  • If I work my required 40 hours by Thurday, am I still required to take paid time off on Friday if I had scheduled it?

    Florida exempt employee, curious about paid time off. It seems that the FSLA claims that exempt employees are generally required to be paid for the week regardless of how many days worked. Just looking for clarification.

    Dana’s Answer

    The Department of Labor has the following to say regarding deductions for exempt employees under the FLSA:

    Deductions from pay are permissible when an exempt employee: is absent from work for one or more full days
    for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or
    disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing
    compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for
    military pay; for penalties imposed in good faith for infractions of safety rules of major significance; or for
    unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule
    infractions. Also, an employer is not required to pay the full salary in the initial or terminal week of
    employment, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical
    Leave Act.

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  • Eeoc question

    is it better to get a right to sue from eeoc after 180 days or wait no matter how long to it takes to hear back, will they get me a lawyer in eaither case?

    Dana’s Answer

    Often times, a case will languish in the EEOC for many months, and sometimes for years. Also, the vast majority of the cases do not result in a "cause" finding and only a small percentage of the "cause" finding cases are actually litigated by the EEOC. You should consult with a qualified and experienced employment attorney to assess the merits and value of your case and to discuss whether it would be better to leave the case pending with the EEOC or to request a dismissal and Notice of Right to Sue.

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  • What are my options

    Dismissed from work after 37 years. False allegations. Director of ancillary department fostered work environment where employees could accuse management of anything. When I inquired for proof none was provided. Organization is big and powerful.

    Dana’s Answer

    As you were with the company for 37 years, you may well have a claim for age discrimination, particularly if you are replaced by a substantially younger employee. I recommend that you contact a qualified and experienced employment attorney to review the facts of your situation and assess the viability of a claim.

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  • Was called the n word and subsequently got fired when I reported it. I filed title vii with eeoc,

    a contracted vendor employee called me the N word. There was no witness. The vendor employee was fired after investigation. I subsequently got fired when I reported it. Retaliation? I filed title vii with eeo.. Now the employer is lying that I w...

    Dana’s Answer

    From the information provided, it doesn't seem to be a particularly strong claim for retaliation, particularly where the employer terminated the offending employee after your complaint and after investigation. The viability of your claim will depend, in large part, upon proving the reason given for termination was false or a pretext for retaliation. At this point, you can either let the EEOC continue to investigate, or you can request a Notice of Right to Sue, which will result in the EEOC dismissing the case and giving you the right to bring suit in court. You (or your attorney) can also at that point request a copy of the EEOC file so you can see information provided by the employer. You would probably benefit from consulting with a qualified and experienced employment attorney.

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  • My boss has touched me many times the last straw was i saw his penis. I feared losing my job but now his wife wants me out.

    Unwanted touching. Walking nude in office. Nude in the swimming pool has affair with past paralegal. Is currently having affair with current paralegal. He's an attorney and so is his wife. Im being pushed to resign and im sick over it all.

    Dana’s Answer

    I am so sorry for what you are going through. I would strongly encourage you to immediately seek out the advice of a knowledgeable and qualified employment attorney.

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  • Being Sued for Non Compete

    I had a non compete in place when i was terminated. I accepted a severence package. I looked for work in a different industry altogether during this severence period with no success. I have since taken a job with a competitor in the same indust...

    Dana’s Answer

    As you have been served with a lawsuit, you must respond or face entry of a default judgment, including an injunction entered against you that may prohibit you from working for your present employer. I would strongly recommend that you consult with a knowledgeable and experienced employment law attorney as soon as possible.

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  • Are there attorneys out there that fight for the employer?

    So I just received a call from the department of labor telling me that a former worker of mine is claiming I owe him past overtime wages. I am a general contractor and I sub out all of my work. I realize there is a thin line between independent ...

    Dana’s Answer

    Yes, you should retain an attorney to respond to and potentially negotiate with the Department of Labor. More generally, you should speak to an employment attorney regarding your employment practices generally so as to avoid having these types of situations, or potential claims and lawsuits, filed against your company in the future.

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  • I endured racial discrimination in the workplace, as a result i was terminated after going to human resource. Who do I speak to?

    9/ 13th, I received from my mother a call while in the kitchen, coworker/supervisor approached me, and said" get the F*** off the phone". Then I said to him, I'm a grown man, and you shouldn't speak to me in that manner. We had words afterwards, h...

    Dana’s Answer

    Based upon the information you have provided, it appears you may have a viable claim for discrimination and retaliation. I would strongly recommend that you contact a qualified and experienced employment law attorney to discuss the possibility of bringing a claim.

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  • Can my current employed fire me if I sue my ex employer?

    My ex employer owes me overtime pay. Could my current employer fire me if I prusew with getting the overtime pay that is owed to me?

    Dana’s Answer

    There is fairly good legal authority to support a retaliation claim if you are terminated from a present employer based upon engaging in protected activity (such as filing a claim for overtime) at your last job. Of course, as with any potential claim, you will need to prove that this is the reason for the termination, rather than whatever other reason the employer provides (unless, of course,if the employer admits this is the basis for termination. I recommend you contact a knowledgeable and experienced employment attorney to further discuss your case.

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  • I am being sued because of a non-compete agreement, is this legal?

    i am pro se at this time, i was an independent contractor, basically a sales man, i left a sales firm, and started my own company with a co-worker shortly thereafter. while at the old firm we were subject to sexual and racial discrimination, the ...

    Dana’s Answer

    As others have said, your best chance of defeating a non-compete suit is with competent representation from a knowledgeable and experienced employment attorney. Often times, a resolution can be achieved early on so as to allow you to continue to make a living and work in the industry without doing harm to your previous employer. Without counsel, however, you are likely to be taken advantage of and may have a judgment entered against you that will effectively preclude you from working.

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