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===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=186233239===========Category: Sexual Harassment LawLocation: TNSubject: How is sexual harassment proven? Recently, I was fired from my job of 2 months. I wasn't given any particular reason, with the exception that I was told that I ''was just not getting it''. I was offered no more of a reason. I was never trained & had asked repeatedly about being trained as I was promised. Never happened. First week of employment, my manager & I took a business trip to Miami, Florida for training. One night while we were there, he proceeded to take off all his clothing, got into bed with me & started feeling my chest. I was in shock & just lied there hoping he'd stop. He did not. I then told him it wasn't ever going to happen & to please stop. He kept on. I told him again & he did stop finally. I just have to wonder if this was a cop-out for me not giving in. I'm the third gay guy that has been employed there by this person. I have to wonder if this has happened to them as well. I'd surely imagine ''yes''. I'm now jobless after being coaxed out of my old job for this one that sounded too good to be true. Makes me wonder if I was wanted there as a sexual fixture. I refused to be involved like that with my boss. What should I do? Please help. ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=576107110===========Category: Sexual Harassment LawLocation: TNSubject: Re: How is sexual harassment proven? Tennessee, like all the other states, is an "at will" employment state -- meaning employees are hired and fired at will, with or without cause. The only way to "get even" with a former employer is to find a new job that pays just as much or even better. This is the standard advice I give to people contemplating an employment lawsuit: vote with your feet and find new employment. However, based on the facts you describe, you clearly have a sexual harrassment claim. It is highly unusual for two businessmen to go on business travel and share the same room. Most hotels in Oak Ridge will not allow two adults to share the same room unless they are related (or claim to be related at registration). Therefore, the fact that you let another business associate / boss share your room, rather than insisting on separate rooms will raise a question about whether you were aware that sexual contact might occur. On your facts, you might be able to overcome that suspicion, but it will cost you thousands in legal fees -- unless you decide to bring suit pro se without a lawyer. You can anticipate your boss will testify under oath to a completely different set of facts: that you encouraged him to come to your bed, etc. Reinstatement in your old job would not be wise, because of the tension between you and your boss. Therefore, the only award possible is backpay, and the courts generally are reluctant to step into the mind of a business owner and determine you actually would have performed valuable services. My advice is to get a new job and provide yourself with financial stability -- even if it means accepting a job with lower pay. Once you have a new job and have time to reflect, you can decide if you want to sue your former employer for purposes of establishing a record that he engaged in sexual harrassment or whether you want to drop the matter. If you do pursue the matter, then please feel free to contact me directly. Mike Guth
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=839558371===========Category: Sexual Harassment LawLocation: TNSubject: my first step??? Please inform me of what our first steps would be to file a sexual harrassment lawsuit against our employer. So for, there are 4 of us that want to file, all for the same reasons. Thank you so much. ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=857078888===========Category: Sexual Harassment LawLocation: TNSubject: Re: my first step??? You will need to specify if you primarily want equitable relief in the form of injunctions or reinstatement or some other action of the court, or do you want monetary damages. If you want equitable relief, you will file a complaint in Chancery Court for the county where your mployer's business is located. If you want monetary damages, then you will file your complaint in Circuit Court. Mike Guth
===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=10979699===========Category: Labor and Employment LawLocation: TNSubject: I-9 and copies My company wants me to make copies of new hires identification and retain it. I thought making copies of such paperwork and ID was against the law - something like creating a forgory. Doesn't this open us up to potenial issues if someone uses this information to steal someones identity? ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=108347644===========Category: Labor and Employment LawLocation: TNSubject: Re: I-9 and copies Your employer does not have to make copies of identification documents, but is doing so to prevent the INS from charging him with employing illegal aliens. If you make copies of identification documents, then you must exercise "reasonable care" to maintain the privacy of those documents. In general, they would have to be kept in a locked cabinet and not in a place where anyone at the company could potential find this identifying information.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=631566251
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Public Humiliation at Work
Is
it legal for an employer to yell & scream at an employee at work in front
of other employees & co-workers. Example: ''Just shut-up, I don't want to
hear another word from you, I meanit I said Shut up''? There have been several
times that she has screamed out or talked down to myself & other employers
in front of other co-workwes, in fact to the point that a few have just walked
off the job nad quit right there. Can a law suit be brought against the company
for what this person is doing? Also her husband, who is not employed there,
pushed me out of the office one day. I am 58 yrs old & need my job because
i need insurance. I am always on edge when at work, scared i will do something
wrong and she will start screaming again, I have lost almost 30 lbs of weight in
the past 6-9 months.I would appreciate an answer to these concerns.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=641119067
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Re: Public Humiliation at Work
Tennessee
is an "at will" work state, meaning employees can be fired and hired
at the will of the employer.
Conversely, workers can walk out on jobs at will as well.
The
best solution for unhappy workers is always, always to vote with your
feet: pick up and move and find a new
job. If that is impossible at age 58,
then you will have to weigh the balance of your deteriorating health from
staying on the job vs. loss of your health insurance.
Someone
yelling at you at work does not fall into one of the well-accepted torts for
which courts will hold a person liable.
Free speech implies a certain amount of leeway to vent frustration.
If
you can free yourself from the serfdom of having to work for that employer,
then you will have the luxury of telling off your boss in front of a large
group of employees. Alternatively, you
could file a harrassment lawsuit, but as soon as you do, you can anticipate
your employer will fire you.
I
wish I could give you more positive news, but you really need to consider your
alternative employment options -- even if it means working somewhere else for
less pay. You need to have a plan in
case you are let go in the future.
Mike
Guth
http://michaelguth.com/prose.htm
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=841929069
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Category:
Civil Rights Law
Location:
TN
Subject: Hostile Work Enviroment
I
went to work for a company that the store manager is a person who hate people
and deliver messages in a hostile way to all employee. This person even came up
behind me and grab my arms from behind and pull me and said ugly things to me.
She mad at me because I turn her in behind of behavior and things she said that
discrimate people. She gave me a perfect review, then a couple week after she
got in trouble with the company, she review me and gave me all bad marks. She
works me longs hours to aggravate me. Like 18 hours straight. The stress she
put on me, is unbelievable. Now I got sick and been out on a medical leave with
lupus and rehumatiod arthritic. The doctor releasing me to go back part time. I
so afraid I what this person is going to put me through. I need my job. What
right to I have. I have record and journal of alot of things this person done.
Everyone is the store hate this person. She makes everybody jobs a living hell.
Its not the message she deliver but the messenger words and behavior.
Help
tell me what to do
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=625480472
===========
Category:
Civil Rights Law
Location:
TN
Subject: Re: Hostile Work Enviroment
You
would seem to qualify for disability status, which means your employer would
have to make reasonable accomodation for your disability for you to perform
your work. Disability status will
depend on what your doctor is willing to specify about your condition. If you have a boss who creates a hostile
work environment, your best alternative is to vote with your feet and find
another job. Legally, you would not
gain anything by trying to sue the company or supervisor, because you would get
terminated in the process.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=565931613
===========
Category:
Sexual Harassment Law
Location:
PA
Subject: Sexual Harassment Physcological damage
I
was sexually harassed in Feb. 02. The
situation brought back flashbacks of sexual abuse as a child. Since then i
have been in and out of institutions (hospitals) and have had to receive
electric shock treatments. In doing so,
i have been on long term disability and receiving social security payments. My
question is do I have the right to sue for mental(physical) damage. I had four employees witness the sexual
abuse. thanks,
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=626260916
===========
Category:
Sexual Harassment Law
Location:
PA
Subject: Re: Sexual Harassment Physcological damage
Tennessee
has a one-year statute of limitations to bring a personal tort action, such as
sexual harassment. Therefore, the
statute has passed, and you cannot bring suit now for an injury that occurred
in Feb. 2002.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=210305067
===========
Category:
Sexual Harassment Law
Location:
TN
Subject: Termination without any proof of sexual
harassment
My
husband was fired for sexual harassment but was given no info on who accused
him when it happened what was said or anything. He has contacted the Labor
Board but hasn't gotten--name removed--reply yet. Is this legal, he did not do
anything and was actually harassed himself? He is now unemployed and has this
on his record. Nothing has been filed legally outside of the work place to our
knowledge, can other employers get this info & not hire him because of it?
Thank
you.
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=284540182
===========
Category:
Sexual Harassment Law
Location:
TN
Subject: Re: Termination without any proof of sexual
harassment
Most
employers will not give detailed references about a former employee, because it
invites slander or libel lawsuits for maligning the former employee's
character. If you are worried that the
former employer might leak this information to a future employer, your husband
could send the former employer a letter expressing his anger with the situation
and indicate that he would consider suing the former employer if that former
employer gives out false or misleading information. "False" here is a subjective term, and often what is
true to one person is false to another.
Still the former employer would be wise upon receipt of that letter to
give practically only objective reference information: dates of employment, job title, etc.
Michael
A. S. Guth
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=238733115
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Travel Time/Home office
2
issues that are related.
I
work in a field service job and the employees are required to have home offices
but receive no compensation for the space used in the home.
Also,
we travel to various locations to do service up to 1.5 hrs away but are
required to consider the time to our first location and from our last location
as ''hours not worked'' since we are traveling home.
The
question is this - since our offices are in our homes, can these trips be considered
to/from home(noncompensable), or should we be getting paid for the time and/or
the company use of our home?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=287570697
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Re: Travel Time/Home office
The
U.S. Supreme Court has repeatedly stated that travel from home to the office is
commuting and cannot be considered business travel. However, in your case the office is the same location as the
home. An employer is not required to
compensate you for travel and use of your car for company travel. Most do to remain competitive with other
employers. If the employer did choose
to compensate you, that would be considered reimbursement of a business expense
and would not be declared as taxable income on information returns filed with
the IRS. There is practically no
precedent for an employer paying an employee for the business use of his
home. Bottom line: whether an employer
should compensate is a moral question.
Whether the employer must compensate is a legal question, and the answer
to both of them is NO.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=537811223
===========
Category:
Labor and Employment Law
Location:
TN
Subject: confidentiality breach
I
was recently let go at work and it appears that the employer has discussed with
several employee's the reason why I was let go. Does this breach any employer confidentiality?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=289181272
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Re: confidentiality breach
There
is no employer-employee confidentiality rule recognized by the courts. Employers must keep certain identifying
pieces of information, e.g., your social security number confidential, as a
matter of federal law. Most employers
will not give detailed references about a former employee, because it invites
slander or libel lawsuits for maligning the former employee's character. If you are worried that the former employer
might leak this information to a future employer, your husband could send the
former employer a letter expressing his anger with the situation and indicate
that he would consider suing the former employer if that former employer gives
out false or misleading information.
"False" here is a subjective term, and often what is true to
one person is false to another. Still
the former employer would be wise upon receipt of that letter to give
practically only objective reference information: dates of employment, job title, etc.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=874831748
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Employer suing employee for negligence?
My
daughter quit her job in June, due to be with us in a family emergency, which
took our whole family out of town for over 2 months. Her sister, my other
daughter was ill, had two surgeries, one month in hospital, one month recovery.
Her
employer is now billing her in July for an order that was returned and refunded
by the Manager,back in March,while she was still working there. The employer
has threatened to sue her for negligence. The employer has also destroyed her
personal property that was mistakenly left there(her books of photo negatives)
which are priceless. She destroyed my daughter's property, even though it was
requested to be mailed COD, which they've done with all previous employees. The
Manager was having my daughter do her work plus that of three others that were
fired, months ago, so when my daughter resigned it probably put their business
in a real bind. I'd say that's negligence on part of manager. Can they legally
sue my daughter for a customer's returned order ($900 approx)and win or send
this ridiculous bill to a collection agency?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=12786504
===========
Category:
Labor and Employment Law
Location:
TN
Subject: Re: Employer suing employee for negligence?
Anyone
can file a lawsuit over just about any subject. The question is whether the lawsuit has any merit. In your daughter's case, the best defense is
a good offense. Instead of receiving
threats from her former employer that he might sue her, she needs to write him
that she may sue the former employer for destruction of her personal property
with malice and intent and therefore seek both compensatory and punitive
damages. She could also allege that she
was doing the work of three other employees due to her employer's inept
handling of personnel and sue for back wages not paid to her. I seriously doubt an employer would initiate
suit if he knows a counter suit against him will follow maybe for far more than
$900.
===========
Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=29949120
===========
Category:
Business Law
Location:
TN
Subject: inapproate email from corp. office
I
am a 12yr. store mgr. for a fortune 300 co.
A
V.P for the company I am employed with has sent my disabled wife a email from a
corp. owned computer, company email addy. and on company time.
The
email states that she would be better off alone. I have never met this man.
My
wife worked for the same company as us for 16 or so yrs. and had a short (6
mos.) or so relationship with the man around 15 yrs. ago.
The
good 'ole boy corp. network prevents me from reporting this through the co.
channels as retalation I feel would be swift.
This
whole sitution has affected my entire world. My job performance has declined as
my attitude. The nature of my job limits my ability to even call to check on my
wife and to think this guy is setting up there in his office negatively
affecting my personal relationship is inexcuseable in my mind.
Can
any thing be done?
===========
Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=255678193
===========
Category:
Business Law
Location:
TN
Subject: Re: inapproate email from corp. office
Your
best solution, as in most cases where employees have a grievance with upper
management, is to vote with your feet and find another job. Does your company have any direct
competitors? Could you find a job with
one of them?
If
your wife told you about the e-mail, then that probably shows she disregarded
it and wanted to be honest with you.
Although
the corp. guy's e-mail should not have been sent on the company computer and
e-mail address, it would be hard to sue the company for damages. The corp. guy will claim that he has a right
to express his opinions.
Your
wife could get a new e-mail account and not give the address to this
person. However, it sounds like your
employer is a constant reminder to you, so for your mental health, you may have
to move on to a new employer whether you want to or not.
===========
Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=27975056
===========
Category: Labor and Employment Law
Location: TN
Subject: I was fired for failing a drug-screen from an over the counter drug.Truth be known, I have not taken any illeagal drugs in years. I had read Maytag's
Policy on Over-the-Counter Drugs, and it said that an employee may bring to work and
take an otc drug during(or prior to) work hours only if the drug is used for its
intended purposes and in accordance with package directions.. So when I purchased
Mini Ephedrine and took them for helping to breath without drowsiness, I knew I was
going to be taking my drug screen to become a permament employee. When I took the
test it was positive for methamphetamine. I told them what I had taken and they said
it didn't matter, and to get my belongings and leave. I did not do anything wrong,
and I did not know that a legal drug would show up as an illegal drug. I read all
the warnings and directions printed on the bottle and there were no warnings or
ingredients that would have lead me to think otherwise. I do not use or abuse
illegal drugs and I do not think that my employment history should say that about
me. I really do not know what methamphetamine even is. I want to know if I have a
case against Maytag, Optimum (the staffing agency), or the company that puts this
otc drug out into the public without warning of the chance of failing a drug screen.
===========
Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=241302728
===========
Category: Labor and Employment Law
Location: TN
Subject: Re: I was fired for failing a drug-screen from an over the counter drug.If you sample different attorneys, you will likely get different opinions about your
possible causes of action. However, to me your strongest case is against the drugtesting lab. Their test results should be sensitive enough to differentiate betweenMeth. and psuedafed.
You could also sue Maytag alleging they have harmed your reputation by claiming you
failed a drug test for Meth. Of course, you would have to show actual harm, e.g., anew employer refused to hire you, because of something Maytag told them.
I suspect if you slap the drug testing lab and Maytag with a lawsuit, they will be
quick to settle. Of course, they could claim you are taking Meth. on top of thepsuedoephedrine. You should ask yourself whether you are prepared for a drawn out, energy-consuming
lawsuit.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=921921677
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Category: Labor and Employment Law
Location: TN
Subject: TerminationBack in May I accidently saw a situation at work that no one is supposed to know
about. I saw a customer sneaking out of my supervisors hotel room on a trip. Afterthis, I began to have trouble from the co worker. I was written up in June for''error ratio'' and give 30 days probation. After the 30 days, I was given a reviewand told that my work had improved significantly. I was even given a raise at thevery end of July. Then on Sept. 1 was was fired. My question is, can you legally
be fired after just receiving a raise? ===========
Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=238051493
===========
Category: Labor and Employment Law
Location: TN
Subject: Re: TerminationTennesse is an employment at will state, like all the others. That means you workat the will or pleasure of the employer and can be fired with or without cause.
Your best alternative is to find a job that pays as well as your old job and just
show your former employer that you did not have to rely on him to earn a decent
living.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=771864114
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Category: Personal Injury Law and Tort Law
Location: TN
Subject: Defamation of Character
After 17 years of excellent service, I recently received a disciplinary action
for a line-of-duty incident. The disciplinary action starts by talking about my
''unprofessional conduct''. I was also given a day off without pay. I am currently
appealing the action to the civil service commission. I have been told that
even if I prevail, the disciplinary action documentation will stay in my
personnel file. I have no other disciplinary action in my file and have been
rated exceptional in all categories for the last eight years. I have
information that shows that the investigators recommended no disciplanary
action, but someone told my supervisor to recommend the day off. Would this not
be defamation of character?
===========
Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=190989246
===========
Category: Personal Injury Law and Tort Law
Location: TN
Subject: Re: Defamation of Character
Arguably, the person who suggested the one day suspension might have defamed
you. Technically, talking about punishments is not defaming your
reputation, it is discussing a range of alternatives that a supervisor might
select. So the elements of defamation might not be present. You
lost a day's wages, so you suffered economic harm. If you sue that person
for defamation, he will likely assert the defense that he has a Free Speech
right to express his opinion, he did not defame you per se, and communications
with a supervisor are privileged as reporting an incident to a responsible
government official who can take action.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=880751032
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Category: Credit, Debt and Collections Law
Location: TN
Subject: Can an employer collect a debt from you pay without your
consent?
My employer took money out of my check to pay a debt they decided that I owed
to them. They took the money directly out of my paycheck with out
contacting me pertaining to the incident.
They determined I owed this debt based on my purchase of items on a clothing
allowance that they decided was not authorized because I was getting ready to
start an extended leave. (Despite the fact that they have not been able
to show me any rule or reg verifying this.)
My employer is a municipality and justified the taking of the money on a city
code. The code that they told me they relied on is:
''Debts owed by city officer or employee-
(b) Other employees. When any other employee shall owe
the city a debt, the treasurer of the city shall not pay such employee more
than seventy-five (75) percent of the salary of the city employee, the balance
to be set off against the debt owed by such employee.''
The defenition of debt for the code is ''Debt means any delinquent tax or other
obligation of any kind whatsoever owed the city, as of the date the tax in
question becomes delinquent or the other obligation becomes due and owing the
city.''
Does the city have the right to do this with out a court order or any form of
due process?
===========
Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=193909760
===========
Category: Credit, Debt and Collections Law
Location: TN
Subject: Re: Can an employer collect a debt from you pay without your
consent?
No, the city cannot unilaterally decide when a debt is owed without giving you
a fair hearing to dispute the charges. Unless you were specifically told
not to purchase clothes because of your extended leave, you could argue that
you relied on that benefit in purchasing the clothes and have now been hit with
unfair surprise --- whenever people are hit with unfair surprise, there is
usually an element of fraud or a denial of due process. If this happened
to me, I would turn around and sue the city and see how they like being put in
a defensive position trying to explain their actions. However, I could
walk away from that job and never care if I heard from the city again. If
you need the job for health care benefits and your only source of income, then
suing the city might antagonize your boss and ultimately lead to you being
terminated.
===========
Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=561127209
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Category: Labor and Employment Law
Location: TN
Subject: Safe Work Environment
I am a newspaper carrier (independent contractor) and am required to pick up my
papers at a distribution center. I am being harrassed and threatened by another
carrier. Management is aware of the situation and has done nothing to prevent
it continuing. In fact, I have been told to ignore it. Death threats scare me,
even though I think it is mostly just talk. As an independent contractor, am I
guaranteed a safe work environment and do I have any recourse against the
company for ignoring this? It has been going on intensely for a year, but
started about four years ago. I have had two death threats this week and
management is aware of both of them. In addition, there has been intense sexual
allegations. Also, I have received e-mails that were sent to a former
supervisor and forwarded to me which I turned over to management. Please, what
options do I have?
===========
Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=353505618
===========
Category: Labor and Employment Law
Location: TN
Subject: Re: Safe Work Environment
Your best option here is find new employment. You can sue the person
harrassing you, and ask a Chancery Court to issue an injunction against
him. You can sue him individually or sue him jointly with your the
newspaper.
While employers have a duty to provide a safe work envirnment for their
employees, they have very little duties owed to independent contractors.
Essentially, this is a private feud between you and the other carrier.
That feud could go on independent of the newspaper business.
I don't know if this is a jilted ex-lover situation or why there would be
intense sexual allegations, but it sounds like you are being defamed either
with the spoken word (slander) or the written word (libel).
You can sue the guy for damages, but you will have to show how you incurred
damages. If it is just fear, the courts are somewhat skeptical about
putting a dollar figure on the fear.
If you think your life is truly in jeopardy, then you absolutely must report
the death threats to the police and obtain a court order barring him from
contacting you further. Without that court order, the police will not go
talk to him or actively get involved in a domestic verbal abuse war.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=384542738
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Category: Labor and Employment Law
Location: TN
Subject: Discrimination or What??
First of all, I am FEMALE. I was hired in as a Paint Line Technician. After
hiring in and working for about a month-they promote from within and train 2
other men(company has 2 facilities)I was paid 10.00 hr. one trainee was given
12.50(male) the other kept his linelead pay at 11.67hr. I was onjob for 7
months(didn't get a 3month reveiw or 6 month review)as handbook says-I take a
volunteer lay-off(to help the company out financially?)I signed a paper that
states that I was to return tosame job duties same shift in 4-8 weeks if not
sooner-I called company after 9 weeks to find out when I was coming back to
work..they said give them a week so after 10 weeks I was called and informed
that
I could come back in production and fill in on Paint line as needed..(the
question arose from fellow workers when I was coming back-supervisor told them
that if it was left up to him he would never call me back(I did not receive any
complaints about the job I did on the line)spervisor said that there was no
place for a woman in his department.When called back and going into
production-I find out they have hired someone to train on the Paint Line (a
Man)duh! If this is not sexual discrimination, what is? Please tell me, was I
discriminated against?
===========
Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=349263868
===========
Category: Labor and Employment Law
Location: TN
Subject: Employment discrimination law
As luck would have it, I teach a 7-hour Continuing Legal Education course on
employment discrimination law. You can read about the law yourself on the
web page for this course: http://michaelguth.com/cle.htm
In theory, you have a prima facie case of gender discrimination. In
practice, it is going to be hard to prove your case. You will find the
courts are hostile to civil rights claims, unless you can show a widespread
pattern. That would mean you would have a high burden to show that this
employer discriminates against women in general, not just you. Otherwise,
the employer can advance a dozen valid reason why it kept you at lower pay and
on layoff longer that you expected.
The bottom line in all employement related cases is that Tennessee is an
employment at will state. Any employee can be discharged at will with or
without cause; the employee can also leave and quit a job at will -- unless a
signed employment contract says otherwise.
Your best "justice" is to spend your time finding a new employer and
better job, rather than fighting this one in court. If you read my CLE
course, you will see the Supreme Court has made it fairly easy for employers to
defend against discrimination lawsuits.
http://michaelguth.com
Mike Guth
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=83394841 =========== Category: Disability Discrimination Law (ADA) Location: LA Subject: Turn down I had back surgery 20yrs ago , L5 was removed, I was 29yrs old at the time. I was told no lifting,etc...At the age 45 I got a job, worked for a year having problems and quit. Then I started back trying something different but had fallen on my back and re-injured my back. I am having more problems now. I applied for disability and was turned down and their reason was that, they said since I had worked after the surgery, that I can work. I need a lawyer or some advice. I am 51yrs old now and i cannot work, no way.Please I need advice and a lawyer. help me =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=93119704 =========== Category: Disability Discrimination Law (ADA) Location: LA Subject: Re: Turn down Under the U.S. Americans with Disabilities Act, an employer must make reasonable accommodation for a person with a disability who is otherwise qualified to perform his work. In your case, you indicate that because of your back injury, you are unable to do the work the employer wants you to do. It sounds like this will fall outside the scope of an ADA claim, but you could find a disability lawyer who specializes in these cases for a more definitive answer. In the meantime, if your back is preventing you from working, do you have a medical doctor who will put that in writing for you? If so, then the same disability lawyer can explain to you how to apply for social security disability benefits. The benefits are not as much as you were making in your job, but they provide enough income for you to survive without having to work. Ask the lawyer about Social Security Disability Income payments. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=356449379 =========== Category: Disability Discrimination Law (ADA) Location: NY Subject: Job termination due to back injury and spinal disease My husband has been suffering from a lower back injury due to herniated discs, degenerative disc disease and arthritis of the spine. His job requires sitting at a desk in an office and since his injuries are in the lower back, this is the most painful position. He has already been on short-term disability (due to back surgery)and has returned to work however his pain is now more severe and he has run out of vacation and sick days. His stress level has increased as he is fearful that his company will terminate him. The have already terminated others for similar reasons. He now has to have injections into his spine and his doctors are advising him to stay out of work for 1 month. If he is terminated, would we have legal rights? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=506767792 =========== Category: Disability Discrimination Law (ADA) Location: NY Subject: Re: Job termination due to back injury and spinal disease I cannot speak to what forms of relief may be available to you under New York state law, because I am not licensed and do not purport to practice in New York. However, the federal Americans with Disabilities Act requires employers to make reasonable accommodation of a person's disability, if that person is otherwise qualified to do his work. If your husband is not comfortable sitting, then I cannot imagine him being comfortable standing either -- as that would put further pressure on the back and spine. It is possible if your husband could otherwise do his job, that he could require the employer not to force him to sit (behind a desk) all day to do his job. However, the burden of proof would be on your husband to explain how he could perform his duties in other than a sitting position. If your husband is going back for further surgery or treatment, his condition may be worse. It is possible that his physician would be willing to sign a claim concerning his disability. Most employers are not going to allow an employee to recline on a bed or couch to perform his duties. My advice would be to find a physician who is willing to sign a form that your husband is disabled, and then he would be eligible to apply for social security disability benefits -- even at age 50. Mike Guth =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=204388323 =========== Category: Legal Ethics & Professional Responsibility Location: TN Subject: Hostile work environment Can you tell me what would legally be considered a hostile work environment, and the steps I would need to prove this,as a supervisor recently cussed me out, and has made it increasingly more stressful to go to work? Thank you =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=626620522 =========== Category: Legal Ethics & Professional Responsibility Location: TN Subject: Re: Hostile work environment The elements of a hostile work environment claim are: A plaintiff may establish a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., by proving that the sex discrimination created a hostile or abusive work environment without having to prove a tangible employment action. In order to establish a hostile work environment claim, an employee must show the following: (1) the employee is a member of a protected class, (2) the employee was subject to unwelcomed sexual harassment, (3) the harassment was based on the employee's sex, (4) the harassment created a hostile work environment, and (5) the employer failed to take reasonable, care to prevent and correct any sexually harassing behavior. The fifth prong is related to an affirmative defense--namely that in a harassment case an employer may avoid liability by showing that the employer had taken reasonable care to prevent and correct harassment and that the plaintiff failed to avail himself or herself of the employer's mechanisms for redressing harassment. To be actionable, harassment must be severe or pervasive, creating an objectively hostile work environment, thus altering the conditions of employment. Unfortunately, cussing you out does not amount to violation of Title VII of the Civil Rights Act. To violate Title VII requires a pattern of racial or sexual discrimination. Having an obnoxious boss is insufficient to create a civil rights claim. As hard as it may be for you to take, the best recourse here is to find an even better job somewhere else and then have the satisfaction knowing that you did not have to put up with abuse on your old job. http://michaelguth.com =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=189972744 =========== Category: Disability Discrimination Law (ADA) Location: GA Subject: ''Powder'' My son lost his job today. He worked for Express Oil Change and from the first day he started there, both employees and management have referred to him as ''Powder'' because of his pale skin and very blonde hair. My son has been ridiculed all his life, often called ''albino'' and ''mighty whitey'' among other things. When a fellow employee demaded my son do both their jobs while he watched, my son refused. This resulted in a verbal confrontation in which both store managers joined in and again referred to him as ''Powder''. My son has always been shy and soft spoken but exploded with the name calling. He was fired and told to leave. He cannot afford an attorney and feels that he should have some legal stance against an employer not only condoning but participating in such ridicule. What can he do?? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=630062076 =========== Category: Disability Discrimination Law (ADA) Location: GA Subject: Re: ''Powder'' The elements of a hostile work environment claim are: A plaintiff may establish a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., by proving that the sex discrimination created a hostile or abusive work environment without having to prove a tangible employment action. In order to establish a hostile work environment claim, an employee must show the following: (1) the employee is a member of a protected class, (2) the employee was subject to unwelcomed sexual harassment, (3) the harassment was based on the employee's sex, (4) the harassment created a hostile work environment, and (5) the employer failed to take reasonable, care to prevent and correct any sexually harassing behavior. The fifth prong is related to an affirmative defense--namely that in a harassment case an employer may avoid liability by showing that the employer had taken reasonable care to prevent and correct harassment and that the plaintiff failed to avail himself or herself of the employer's mechanisms for redressing harassment. To be actionable, harassment must be severe or pervasive, creating an objectively hostile work environment, thus altering the conditions of employment. Unfortunately, be ridiculed based on a pale complection is not covered as a violation of Title VII of the U.S. Civil Rights Act. To violate Title VII requires a pattern of racial or sexual discrimination. Having an obnoxious boss is insufficient to create a civil rights claim. Georgia law may create a state penalty for this kind of harassment, but I am not licensed in Georgia and cannot give advice on state law remedies. As hard as it may be for you to take, the best recourse here is for your son to find an even better job somewhere else and then have the satisfaction knowing that you did not have to put up with abuse on his old job. Employers are required to have a formal grievance procedure. If he is prepared to leave his job anyway, then he should file a grievance and see if the employing company acts on the grievance. If you publicized these facts in your local newspaper in a letter to the editor, then intelligent people would no longer go to that Express Oil Change, and you might drive them out of business until management changed there. How old is your son? Maybe he could work in a white collar job as a paralegal and not be subjected to the same kind of teasing. http://michaelguth.com =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=800397399 =========== Category: Sexual Harassment Law Location: AR Subject: Does sexual harrasment have to be work/school/housing related? I am a student at a university and we have an online forum for our department. This online forum is run by another student (with the endorsement of the department) and I have been vocally critical of the way he runs the forum. One evening at a lecture event I saw him and wanted to let him know there were no hard feelings. I gave him a hug (it was more like extending my arm around him and patting him on the back) and asked him how he was doing. Now he is claiming that that was sexual harrasment (though he is not pursuing legal action). All the information I have been been able to find on the subject seems to focus on power relationships (like teacher/student, boss/employee, etc.) and seeing as we do not have a relationship like that (we are just two students) I am not sure if it would be considered sexual harrasment under the law. When he told me he felt that way I apologized for making him feel uncomfortable. But would this be considered sexual harrasment? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=68818614 =========== Category: Sexual Harassment Law Location: AR Subject: Re: Does sexual harrasment have to be work/school/housing related? "Sexual harassment" lawsuits are defined under Title VII of the U. S. Civil Rights Act as unwanted sexual advances by an employer over an employee. Under the facts that you describe, your fellow student does not have a cause of action for sexual harassment under federal law. I am licensed to practice law in Tennessee, and thus I cannot comment on what AR state law may be in this area. However, in Tennessee, your fellow student would not have any cause of action at all. He would not have a cause in Tennessee for stalking behavior, and he would not be able to sue in Tennessee for battery, because he sustained no injury or harm. It sounds like your fellow student does not know very much about the law and is just trying to embarass you. http://michaelguth.com/prose.htm =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=930764571 =========== Category: Legal Ethics & Professional Responsibility Location: NC Subject: Pre-employment reference checks beyond those listed by applicant What are the legal/ethical ramifications of the following scenario: An educational institution is checking references on candidates for an administrative position. No governmental security clearance is required for the position. The prospective employer contacts a candidate's listed reference(s). During the normal questioning about the candidate, the prospective employer asks this ''primary'' reference person for names of people that s/he believes know and/or have worked with the candidate. The prospective employer then contacts these ''secondary'' reference(s) and asks about the candidate. The process may even be repeated at the secondary level to find ''tertiary'' reference(s). The point being, only the primary references were actually provided by the candidate, while the secondary and tertiary references were not. =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=941210830 =========== Category: Legal Ethics & Professional Responsibility Location: NC Subject: Re: Pre-employment reference checks beyond those listed by applicant If a university behaved that way in Tennessee, the only state where I am licensed, I would advise the client to terminate his or her application and do something to publicize the university's unethical behavior. Complaining to the regional accrediting commission won't do any good, because fishing for further references is not illegal and not the kind of matter about which they care. I would advise a Tennesse client to consider writing a letter to the editor to newspapers across your state -- if you don't mind the additional publicity yourself. As to nonlegal advice, you already know that you should not use for references people who would agree to give a questioner additional reference sources. Mike Guth http://michaelguth.com =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=2782704 =========== Category: Labor and Employment Law Location: TN Subject: terminated without disciplinary process My husband was terminated from a job that he has held for 2 years. There was a management change, and the reason sited was high driver turnover, basically poor performance on his part. He was never disciplined for his turnover rate, therefore, did not realize it was a problem. We feel like it was just a management decision, but is it legal to fire someone out of the blue without disciplinary documentation? He was not given the option to resign. He was offered an altogether different position in another state, but they knew he could not accept it. Is there anything we can do? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=139374695 =========== Category: Labor and Employment Law Location: TN Subject: Re: terminated without disciplinary process Tennessee is an "at will" state meaning employees can be fired at the will of the employer, with or without cause. Your husband needs to find another job and put behind him thoughts of prosecuting his former employer. It is little consolation when a person is out of work, but he can be thankful that he was gainfully employed for the last two years. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=433251118 =========== Category: Personal Injury Law and Tort Law Location: TN Subject: Employee harassing supervisor Can an employee be sued for making false accusations to upper management and the pubic? I have an employee who continues to say thens which are false to customers coming into to our counter. She has filed several false claims with our EEO and I have been instructed not to discipline her. These false statements are causing severe medical and emotional problems for me. My physician says: ''Sue'' =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=453918030 =========== Category: Personal Injury Law and Tort Law Location: TN Subject: Re: Employee harassing supervisor What are the nature of the accusations? You say they are false, but it is just your word against hers? Can you offer objective proof the statements are false? Assuming you can objectiely prove the slander, you would have to show damages. Pain and suffering are hard to quantify. If you have seen a doctor about your suffering, you could charge the cost of the visit to the doctor as part of your damages -- but that is not going to be very much. If you are truly being slandered at work, then you have a cause of action against your employer as well as this woman. If you are being accused of sexual harrassment, that will be very hard to disprove one way or the other. It may be time for you to bite the bullet and consider moving to a new job where you are not in mental anguish. =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=240096046 =========== Category: Sexual Harassment Law Location: TN Subject: Re: Gay comments/ offensiveslurs by manager My standard reply to questions about employment law is that Tennessee is an "at will" state, meaning employees can be discharged at the will of the employer with or without cause. Therefore, the best "justice" is for badly treated employees to vote with their feet and just start a new job somewhere giving the abusive employer little or no advanced notice. If you are not fortunate enough to have another competitor for whom you can work, then I would advise you that you have the elements of a sexual harassment lawsuit under the U.S. Civil Rights Act. The problem is that you don't have money to pay an attorney to represent you, so you need to look for a cheaper alternative. Legal aid groups I believe can accept cases on sexual harassment. You may know that the U.S. Supreme Court in 1998 considered a case of same gender sexual harassment by an employer and held the conduct was actionable. In that case, men working on an off-shore oil platform got a little gamey and started joking that they wanted to fool around with one of their coworkers as if he was a woman. The teasing escalated into a physical assault in the shower room of the living quarters on the offshore platform. The man was not raped as you might have guessed, but one coworker did partially shove a bar of soap inside his bottom. A Tennessee trial judge might conclude your fact pattern is different, because there were no physical assaults, but the U.S. Supreme Court precedents on what constitutes offensive sexual harassment words would definitely be binding on a court in Tennessee. I can help you proceed in court on your own, if you choose to go that route. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=921791728 =========== Category: Labor and Employment Law Location: TN Subject: Wrongful accusation of sexual harassment I have been told by my employer that I am accussed of improper behavior by a few Techs at a hospital I worked at for 2 months. However, I have not been informed of the specifics. I know that these are untrue and have no idea how to fight for my name and job. I know I have been wrongly accussed and do not know why, except that I am a physician. Please help. Let me know if I have any rights. =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=343510619 =========== Category: Labor and Employment Law Location: TN Subject: Re: Wrongful accusation of sexual harassment It makes a difference if the hospital is public (owned by the government) or private. If a public hospital, then you will have due process and equal protection rights that can be imposed on the hospital to give you a fair hearing. If it is a private hospital, then you will only have a right to a hearing and to refute the allegations to the extent it is covered in an employee handbook or some other policy manual given to you when you first became affiliated with the hospital. The hospital should not slander your name without proof. It sounds like you do not work for that hospital anymore, and it is not affecting your ability to find work elsewhere. If that is the case, I would let the matter die down and see if you can get more details after you become affiliated with a new hospital and are secure in that position. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=321272768 =========== Category: Labor and Employment Law Location: TN Subject: Illegal Search of Personal Property I'm an RN working in a community ER. Someone found a half used vial of demerol on the floor in the employees lounge next to where I always place my bag. The person ''thought'' it may have fallen out of my bag. My bag was zipped closed at the time. Security was notified and at the request of the hospital nursing supervisor, my bag was searched. I had no knowledge nor was I given the opportunity to consent to the search. A 1 mg vial of ativan was found in my bag. This was half a dose I forgot to waste after giving it to a patient that just got dumped into the bag along with everything else I empty out of my pockets at the end of the day. I was asked to take a urine drug test. I consented and gave a urine sample. I am suspended from my job pending results of the drug test and investigation. The drug test will come back ''clean'', I don't do drugs. My questions are: Did the hospital have the right to suspect me of drug abuse simply because the vial was found near my bag? Did they have the right to search my bag without my consent? Should there have been a law officer called instead of just the hospital security agents? I am an employee in good standing of 2 1/2 yrs. I've never been written up for anything to do with drugs before! =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=430032282 =========== Category: Labor and Employment Law Location: TN Subject: Re: Illegal Search of Personal Property Is your employer a private or public hospital. The constitutional right against unlawful searches applies to government actors. If you have a public employer, then arguably your rights were violated. You will need statements from other nurses that when they have half a vile of drug leftover, they sometimes put it in their pockets and wind up taking the drug home. That sounds kind of suspicious. If you have a private employer, you will probably find that they reserve the right to check employees for illegal drug use and investigate allegations of drug consumption or drug waste. If you are upset with your treatment, one of your most effective responses would be to vote with your feet and find a new employer. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=432623740 =========== Category: Civil Rights Law Location: TN Subject: Business Phone Recording I run a business out my home under a DBA. We use our home phone number as the business number also, which we count off our taxes. I recently placed a recorder on the phone to monitor calls of my employees. However, I discovered information about someone other than an employee, without their knowledge. Is this legal or am I in violation of personal privacy? If I were to legally persue this person, could I use the recording in court? Thanks and I look forward to your reply. =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=552083258 =========== Category: Civil Rights Law Location: TN Subject: Re: Business Phone Recording First of all, if you use a home telephone for business use, you are not allowed to deduct the cost of the home phone from your taxes. The IRS assumes everyone needs and uses a personal line, which is not deductible. You can only deduct the cost of adding a new business line and monthly charges for it. You have violated a federal law by recording employee conversations without knowing it. Under no circumstances should you act on or otherwise use the information you retrieved. You would be fortunate to get out of this message by destroying your tapes and removing the recording system immediately. I can't believe you took the law into your own hands this way. How would you like it if an employer or doctor or someone else recorded your phone calls without telling you?