Martin A. Shellist
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Answers Posted By Martin A. Shellist
Answer to Can my employer convert all stff to Exempt to cut out our overtime?
If you are truly non-exempt, this would be illegal. Seems fairly straightforward. There are some exceptions, such as the fluctuating work week, etc. Call me, or another qualified lawyer, to look into every aspect. Bottom line is: If it is illegal, are you ready to rock the boat?posted Dec 9, 2011 12:26 PM [EST]
Answer to My husbands boss ....
I do not see a viable legal claim. If he was discriminated against due to race, religion, etc., then there may be a claim. Retaliation covers a host of issues, but not refusing to let someone off for a child's birthday.posted Jun 10, 2010 11:40 AM [EST]
Answer to My Boss is untouchable?
If you lodge a valid complaint, you will be protected under the federal and state retaliation laws. You have to be willing to "rock the boat" and risk that the Company will not play favorites. If you are retaliated against, you would have a claim against the Company. There are many details, so call an attorney as soon as possible to discuss your potential claims. You can check www.nela.org or Google the Texas Employment Lawyers Association, or Google the EEOC in your area. Good luck.posted Dec 16, 2009 9:19 PM [EST]
Answer to My Boss is untouchable?
If you lodge a valid complaint, you will be protected under the federal and state retaliation laws. You have to be willing to "rock the boat" and risk that the Company will not play favorites. If you are retaliated against, you would have a claim against the Company. There are many details, so call an attorney as soon as possible to discuss your potential claims. You can check www.nela.org or Google the Texas Employment Lawyers Association, or Google the EEOC in your area. Good luck.posted Dec 16, 2009 9:19 PM [EST]
Answer to Do I have a contructive discharge, retaliation, discrimination case?
It is always my opinion that the existence of a claim lies in its details. You would have to provide more regarding the nature of your complaints to HR, as well as other pertinent data, including the racial make up of co-workers, etc. You ought to check the resources offered above by Mr. Harkins as a good starting point. Good luck and act quickly as there are time lines which can bar your claim if not met.posted Dec 16, 2009 9:14 PM [EST]
Answer to Can you have more than one FMLA if one is for a family member an then one is for self or combined?
It would generally be considered the same. So, if you have 12 weeks of FMLA leave in a given year, that can be used on multiple issues.posted Dec 16, 2009 9:10 PM [EST]
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