Archived
I filed a discrimination claim against my employer (w/EEOC) and weeks later, the company sold. What
happens now?
Herbert's answer
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Answered on January 11, 2013
This is now an issue of successor liability whose analysis would probably take up more than the space allotted. With that said, you most probably...
Archived
Should I have a attorney present at a referee hearing for unemployment situation?
Herbert's answer
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Answered on January 10, 2013
It then comes down to a cost benefit analysis. Is the fee for the attorney worth the risk of having to repay the $2,500? From our position, it is...
Archived
Is there any action I can take?
Herbert's answer
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Answered on January 10, 2013
The state should order the employer to produce such records. However, at the very least if you have your paystubs or past W2's such would be a...
What are the pros and cons of filing a lawsuit with MCAD or EEOC?
Herbert's answer
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Answered on January 10, 2013
Venue, venue, venue. An experienced NELA attorney in your area would be able to determine the best venue to file your claim since they would have...
Archived
Can my employer stop salary ?
Herbert's answer
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Answered on January 10, 2013
Since the NJDOL is so backlogged, depending on your county and the amount in question, you can file either in small claims or special civil in your...
Can I be terminated from my job for having PTSD?
Herbert's answer
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Answered on January 10, 2013
Assuming you have no documented issues prior to the revelation of your condition, they cannot terminate you simply based upon their perception of...
Archived
I am a Federal employee going through the investigative phase of my EEOC complaint. Should I consider financial or compensatory
Herbert's answer
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Answered on January 10, 2013
You should always consider all damages with compensatory as your base and any other types of damages to bolster your claim. You should always use...
Archived
Is classification considered discrimination?
Herbert's answer
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Answered on January 10, 2013
Assuming that the basis for your non rehire basis is for your smoking, Indiana appears to have anti discrimination statute based upon your use of...
Archived
Can my employer deny me my position back?
Herbert's answer
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Answered on January 10, 2013
In my dealing with the Postal Service, you have very limited time frames to file charges of discrimination within the internal EEO. Secondly, you...
Archived
Want to know if i have a case to sue etihad airlines for discrimination and prototyping
Herbert's answer
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Answered on January 10, 2013
Unfortunately, I do not see a claim based upon your facts. She could have been mistaken in her assessment of you. Discrimination claims require...
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