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Robert Edward Caldwell Jr.

Robert Caldwell’s Answers

1,054 total


  • Can my employer ask me to work off the clock?

    I work in a grocery store. My dept closes at 5. I clocked out at 4:56 and was checking out my groceries and my manager approached me with a customer and asked if I was gone for the day. I said yes. He asked me twice if I could help her. I said I'm...

    Robert’s Answer

    You cannot be asked to work off the clock if you are a non exempt employee, your employer is subject to the minimum wage laws, and you are not getting paid for the work off the clock.

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  • Am I able to get a claim from the driver in my cars insurance?

    So 2 days ago I got in an accident and I was the passenger in the car and I'm suffering from whiplash and my shoulder is hurting I hit my head and have a bump and also hit my knee on the dash and that hurts to. I need to go to chiropractor. The ac...

    Robert’s Answer

    Yes, you can likely recover if the driver is the one at fault. An attorney would send a demand for compensation letter to the driver's insurance company first. After that, the attorney would try to settle the case and if unsuccessful file a lawsuit. First and foremost though is for you to make sure you have received enough treatment to know what is going on with your injuries. You almost never know the full extent of an injury in the first few days. Get treated and talk to an attorney.

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  • Is this a clear cut violation of FMLA AND AGE discrimination, if so, what is our next step?

    My Father in Law has been an employee of a Ford dealership for over 20 years. He's never been disciplined for anything. He has recently been diagnosed with prostate cancer that he has taken off time with doctors visits and surgery. According 12 FM...

    Robert’s Answer

    I am licensed in Missouri and I believe you have at least some facts that warrant meeting with an attorney here not only for potentially the fmla but for disability discrimination. Have your father meet with an attorney.

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  • What can I do to find out if this is a legitimate EEOC violation, and what happens if it is?

    Is this an EEOC violation? "8" people were recently told They were "selected" from throughout the company to be retrained for an entry-level position. Of the six people I know of, 5 of the 6 have recently missed work due to medical or FMLA need...

    Robert’s Answer

    Certainly contact the eeoc for potential disability claims as well as fmla violations of the company has more than 50 employees and the affected employees have been there for at leasta year.

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  • Wrongful Termination?

    I strongly believe that I was harassed, retaliated against and discriminated against by a former employer and as a result was "constructively discharged" even though I made valiant and documented attempts to appease the manager. I have proof of t...

    Robert’s Answer

    If you believe you were discriminated against based on race, gender, national origin, disability, age, or because you refused to do something illegal or were blowing the whistle on illegal practices, then you might have a claim. Please contact the EEOC and MCHR and also an employment law attorney.

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  • Whiplash due to car accident, what should we(me and passenger) need to do?

    Other car hit from my back (my car completely stopped to merge).Police gave information exchange document. Other party insurance called and offering $$(couple of hundreds) to sign a document (not to sue in future doc). Still have some neck and ba...

    Robert’s Answer

    You should contact an attorney immediately. The insurance company is likely low balling you, especially since you still have back pain. See a doctor and contact an attorney.

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  • Dental hygienist being asked to clock out when patient does not show up.

    When my patient does not come to their appointment I spend my time cleaning instruments, calling patients, taking notes, helping the assistants, etc. I'm wondering if it's legal for my boss to be asking me to clock out for the hour that my patient...

    Robert’s Answer

    If you are not being paid for work being performed, you probably have a claim.

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  • Can sue someone for a dog bite?

    I was going to school that day.On my way to the bus stop in the morning. I found my self crossing the street. And two German Sherpards came out off a porch. And one of them was barking at me. And then attacked my as I tried to flee away.

    Robert’s Answer

    Yes. Make sure you figure out who owned the dogs as well.

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  • Can I sue Metrolink Security?

    I recently was arrested for peace distrubance and improper student fare. This happend on October 28, 2015. I was issued a summons to court. I had shown both my student id and student bus pass. To Metrolink Security members on that day. Therefor t...

    Robert’s Answer

    Probably yes. Especially if you committed no crime, and you might be able to sue the city of St. Louis if your facts can be proven. You should talk to an attorney.

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  • Would I be able to file lawsuit against company I worked for?

    My ex and I were both working together at a company. In general, we got along so I stayed working there while he was also working there. Recently, he got angry and started yelling at me, physically assaulted me, and threatened to kill me. I ran an...

    Robert’s Answer

    Sorry this happened to you. You might have a whistleblower claim. Sounds odd, but I think facts fit that scenarios. The case I am thinking of is where an employee told the employer that another employee was stealing from the employer (found to be true). The reporting employee was fired despite having saved the employer from theft. The court held this was protected activity.

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