Answers Posted By Kathryn Bayless

Answer to Fired for not wanting to be assaulted on the job

termination

Dear Sir,
Unfortunately, by walking off and not giving your manager the opportunity to assist in resolving the problem, you have likely been insubordinate. That would be a sufficient cause to terminate your at will employment. You did not give much detail about what happened but I am assuming you left the job site (whether you did so at your normal quitting time is unknown to me). If you did not return to the jobsite, then you would be viewed as having quit the job. And I do not think you can challenge that voluntary termination of employment for the reasons stated in your inquiry.

posted Aug 22, 2008 1:15 PM [EST]

Answer to Unfair time off

unfair time off

Sounds to me like you may have something. Since there is a written contract at issue, certainly you can pursue a breach of that contract by way of a lawsuit. You need to contact a lawyer licensed in Maryland to proceed further. To assess lawyers who specialize in employment cases, go to the nela.org website.

posted Mar 10, 2008 3:20 PM [EST]

Answer to Sexual harassment

retaliation

You have two years to file a claim of retaliation in WV under the Human Rights Act. The two years begins to run from the date of the retaliatory act. However, I would encourage you not to wait any longer than is necessary to take action. The timing of the suit is dependent upon the facts adn I have not been given sufficient facts to determine what the best timing is for the filing of suit.
You could also file an adminstrative complaint with the Human Rights COmmission and the time for filing that is one year. I do not recommend that course of action because the commission is limited by law to a cap for emotional distress damages of $5,000. Obviously that figure is very low and so that is not a route I would recommend unless the retaliation is very minor.
If you other questions, please call my office at 304-487-8707 and a staff member will take an intake and I will then get back to you.
I hope that answers your question.

posted Dec 7, 2007 09:52 AM [EST]

Answer to DEMEANING VERBAL ABUSE

verbal abuse

You may calll my office and speak with Elaine. She will need to know the name of your employer and your name but please be assured that the names are confidential information and we can not and will not disclose the names to anyone. Elaine will take some info form you. The phone number is 304-487-8707.

posted May 2, 2005 08:29 AM [EST]

Answer to fired for falsification of medical records

medical records "falsification"

The answer is dependent upon the law of the state where you worked. If you were an at will employee (no written contract of employment and not a union member), then the employee does not necessarily have to have a reason to fire you. Because anxiety attacks could be a disability, I expect the employer did not want to deal with the problem---but your failure to list it originally gave them a reason to use to fire you which is a non-discriminatory reason unless you can prove it was not the real reason and the real reason was an effor to discriminate on the basis of disability. I think you may have a claim (please note the word "may") but it is not a strong claim and would not be one I would recommend pursuing without much stronger facts.
Hope that helps in some way.

posted Dec 13, 2004 08:36 AM [EST]