Trina C. vs. Department of Army – EEOC Appeal Case
On February 9, 2017, the EEOC affirmed (meaning “agreed to”) an Administrative Judge’s decision to dismiss a case based on the fact that the federal employee (Department of the Army) had no evidence of discrimination. The Agency was able to provide proof that it was...
read moreCan you be fired for logging an harassment claim with boss?
My Answer: North Carolina is an employment-at-will state where most employees can be terminated at any time for any reason. In North Carolina an at-will employee can only file a legal claim for wrongful termination if there was an unlawful motive for the termination....
read moreCan I be suspended and kept out of work for asking for an OSHA required correction to faulty material handling equipment?
My Answer: The question you ask is complex and best left to discuss with an experienced employment attorney. My response to your post focuses only on a separate matter: the Americans With Disabilities Act. The ADA requires employers to provide employees who are...
read moreCan I be suspended and kept out of work for asking for an OSHA required correction to faulty material handling equipment?
My Answer: The question you ask is complex and best left to discuss with an experienced employment attorney. My response to your post focuses only on a separate matter: the Americans With Disabilities Act. The ADA requires employers to provide employees who are...
read moreCan employer fire an employee over the phone while out on FMLA ?
My Answer: Yes an employer can terminate an employee on FMLA as long as the termination has nothing to do with the FMLA. Yes an employer can terminate an employee over the phone. The real issue is: why were you terminated? If you believe the termination was motivated...
read moreCan I be suspended for a last minute schedule change that I could not work due to childcare?
My Answer: Yes. In fact your daughter can be terminated for not working scheduled hours. North Carolina is an employment-at-will state where an employee can be terminated (or subjected to any other discipline) for good reason, bad reason or no reason at all. This...
read moreCan your employer fire you if they made a mistake with your FMLA time?
My answer: Yes, an employer in North Carolina can fire an employee at any time for any reason. The legal question that really matters is: do you have a legal claim if your employer fires you because they made a mistake on your FMLA time? The answer to this question is...
read moreI am paid on salary. If my boss asks me to stay longer than my shift to train without pay. If I left, could he fire me?
My answer: Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift. You mentioned a contract. If it is actually an...
read moreAm I obligated to turn over documents to prove my case to my employer if I believe I have been discriminated against?
My answer: There is generally no legal duty to sign any document that an employer presents. If an employer wants to force you do sign a document, it could threaten you with termination. However, if you have already quit, then that will be a moot point. Also, in...
read moreWhat can I do?
My Answer: First off, this is something that you should not have to put up with at work. Second, this certainly sounds like unlawful sexual harassment although these things are complex. Third, there is a "defense" to sexual harassment claims that employer's can raise...
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