Archived
If I file a discrimination complaint against my employer confidentially and I am questioned and punished for doing so, is it ok?
Alan's answer
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Answered on February 26, 2015
You have a retaliation claim under state and federal law if it can be established that the employer's conduct is materially adverse. You mentioned...
Archived
If a prospective employer contacts your current employer about you but it is not for a reference. Is that ok
Alan's answer
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Answered on January 11, 2015
Yes, as long as the prospective employer does not say something about you that is false or for purposes of interfering with your current employment...
Archived
I have a disability that doesn't allow me to work in the location I am at. Can I request a transfer to another location?
Alan's answer
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Answered on October 02, 2014
The Tenth Circuit Court of Appeals found as follows in Smith v. Midland Brake, Inc., a Div. of Echlin, Inc., 180 F.3d 1154, 1176 (10th Cir. 1999):...
Archived
I was offered a job pending a background check. Issues did come up that caused them to immediately revoke.
Alan's answer
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Answered on October 02, 2014
You should contact an attorney in your area who has litigated cases under the Fair Credit Reporting Act.
Archived
I believe I am being discriminated against in the workplace.
Alan's answer
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Answered on October 02, 2014
A discrimination claim must be based on adverse action motivated by the employee's protected status or activity, e.g., age, race, gender, taking...
Archived
If someone does not qualify for unemployment benefits do they have to comply with state unemployment job search guidelines?
Alan's answer
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Answered on October 02, 2014
I suspect that the "Order" came from the judge in divorce court, and not from the UI division. More facts are need to properly evaluate such as a...
Archived
Can my 401k holder deny my request to close my account and withdraw my money, even if I agree to the penalties?
Alan's answer
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Answered on October 02, 2014
Your rights are dictated by the terms of the welfare benefit plan. Get a copy of the Plan Document and the Summary Plan Document and then contact...
Archived
I was fired from my job for being late only one time in one year. Can I sue?
Alan's answer
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Answered on October 02, 2014
Unless there is some other discriminatory motive, you have no claim other than for UI benefits because you are an at-will employee.
I am being falsely accused of taking company data and Protected Health Information (PHI) from my former employer.
Alan's answer
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Answered on October 02, 2014
This a trade secret issue. The statute is as follows:
134.90 Uniform trade secrets act.
(1) Definitions. In this section:
(a) "Improper...
Archived
I was out of work for 9 months due to cancer (oct 2013-jul2014). Do ihave fmla available for 2015?
Alan's answer
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Answered on October 01, 2014
You may also be entitled to short and long-term disability benefits.
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