Answers Posted By Elbridge Smith

Answer to Can They Do This To Me? Is This Even Legal?

P.S. You should also immediately file for unemployment, which you can do on line, these days. Your description of what happened suggests that you were laid off (or fired) because management was unhappy with your continuing need for leave because of your circumstances, and not for misconduct. Your employer can try to contest your claim, claiming misconduct on your part, which does not seem true, and if your claim is deneid (which must happen in writing), know you have the right to a hearing, if you request it timely and in writing, which you should do.

posted Oct 6, 2017 11:01 PM [EST]

Answer to Can They Do This To Me? Is This Even Legal?

We need substantial more information to provide you with a more substantive answer. In short you have been fired, regarding of what they call it. Your remedies and claims depend a bit on your actual employer and employment status. We only represent federal employees but could refer to others attorneys if you are not federal. Your description suggests you could be a federal NAF employee (such as a Commissary worker) , but you haven't made that clear.

Whatever your status and employment there are certain time deadlines to file claims, which are much shorter (30-45 days) if you are a federal employee than the longer ones which may apply if you are in private sector. It also makes a difference if your job falls within union protection, and/or if their mistreatment of you is discriminatory in nature and then gives you U.S. Equal Employment Opportunity Commission (EEOC) or Hawaii Civil RIghts Commission (HCRC) complaint rights, as examples.

You may call our office 523-5050 and speak to our intake paralegal, Michelle, to clarify these matters and seek a full consultation with us or referral to another lawyer/firm, since we do not have an email or telephone contact to reach out to you.

Thank you for contacting us,

Elbridge W. Smith
SMITH HIMMELMANN, Attys at Law, ALC
Honolulu, Hawaii
shlaw@hawaii.rr.com

posted Oct 6, 2017 10:55 PM [EST]

Answer to OPM/AFPM SET A RETIREMENT DATE AND THREATING ME WITH TERMINATE MY HEALTH BENEFIT AND MY CIVIL SVC STATUS IF I DO RETIREMENT BY THAT DATE. I WAS INJURED IN 2012 JUN, AND ON OWCP. AND REFUSED ME A COPY OF THE LETTER THEY SEND, IT'S MUCH MORE TO DISCUSS, HEL

This is too little information to make any substantive response. OPM and OWCP are most different disability procedures and benefits. Neither require loss of Health Insurance or Life Insurance. Please call our office and speak with our intake paralegal, Michelle, to learn about a full consultation, which includes reviewing your chronology, OPM & OWCP documents, etc., prior to answering all your questions in person. We do specialize in representing Federal employees.

Thank you,
Elbridge W. Smith
SMITH HIMMELMANN, AAL, ALC
Honolulu, Hawaii 96813
808-523-5050
shlaw@hawaii.rr.com
www.shlaw.us

posted Aug 8, 2016 10:22 PM [EST]

Answer to I work at Lowe's on Maui, and was wondering if a dispute about age discrimination would have to go to binding arbitration, or could I file in state district court ?

What kind of dispute: promotion, pay, discipline? What does your actual contract say.

Check our website for several Hawaii NELA lawyers who specialize in this area, too.
www.shlaw.us

posted Nov 9, 2015 1:27 PM [EST]

Answer to Should I Pursue A Retaliation Claim ?

Mr. Klingshirn gave a great basic answer. And Hawaii also has it's own agency and laws similar to EEOC (except in some cases Hawaii discrimination law is stronger than EEOC's). There is also a Hawaii Whistleblower statute.

Do get a lawyer. I realize there are not as many employment lawyer choices on Maui, but all federal court cases are done in Honolulu anyway. And the several lawyers in Honolulu who do this type of work can easily get to the Maui court if the claims are pursued in State court. Did you call the Hawaii Bar Association for referrals?(admittedly their listing in specific fields can be lacking).

There is a very good list of employment lawyers and their specialty fields listed on the Hawaii NELA (National Employment Lawyers Association) webpage which you can locate and link to from my own webpage (see below) or directly at www.flex.com/~hsc/nela/member.html .
Or call my office and we can give you some names and phone numbers. (We only represent Federal employees in these kinds of cases._

Thank you,
Elbridge W. Smith
SMITH HIMMELMANNAttorneys at Law, A Law Corp.745 Fort Street, Suite 311
Honolulu, Hawaii 96813
phone: 808.523.5050
fax: 808.538.1382
www.shlaw.us
Specializing in Representing Federal Employees

posted Jul 24, 2013 10:44 AM [EST]

Answer to do I have grounds for a case? Do I need a lawyer to do it?

You have not presented enough facts to answer your question, although it would appear that something has gone wrong. I suggest a more detailed interview is needed, and having you answer a few more specific questions including management knowledge of your disability, if any, and more specifics concerning the actual job -- is there a printed job description/announcement which lists the duties and skills needed? Since my office specializes only in Federal Employment cases we can refer to you a couple of other Hawaii employment lawyer specialists if you call us.

posted Feb 26, 2012 12:31 AM [EST]

Answer to Is it ever correct to stop the EEOC investigation process and obtain a right to sue letter?

Yes, but you should have a lawyer.

posted Oct 5, 2010 6:13 PM [EST]

Answer to Without representation, do I have to speak to opposing counsel?

Elbridge W. Smith,
SMITH HIMMELMANN,
Attorneys at Law, A Law Corp.,
745 Fort Street, Suite 311,
Honolulu, Hawaii 96813,
phone: 808.523.5050,
fax: 808.538.1382,
http://www.shlaw.us,
Specializing in Representing Federal Employees

posted Oct 5, 2010 6:06 PM [EST]

Answer to Without representation, do I have to speak to opposing counsel?

Yes, you still need to participate. Court rules require that you follow all the rules and procedures even if you don't have counsel. The Court order and procedures spell out that you need to disclose information and documents, etc. with opposing counsel and they must do the same with you. Just be careful, because opposing counsel in employment discrimination cases is never your friend, no matter how friendly and accommodating s/he sounds. Do get a lawyer. There is a very good list of employment lawyers and their specialty fields listed on the Hawaii NELA (National Employment Lawyers Association) webpage which you can locate and link to from my own webpage (see below) or directly at www.flex.com/~hsc/nela/member.html .Thank you,Elbridge W. SmithSMITH HIMMELMANNAttorneys at Law, A Law Corp.745 Fort Street, Suite 311Honolulu, Hawaii 96813phone: 808.523.5050fax: 808.538.1382Specializing in Representing Federal Employees

posted Oct 5, 2010 6:03 PM [EST]

Answer to Can my boss take discounts for clients out of my Commission

Do you have an actual contract or other writing documenting what your commission is, or is this only a "practice."

Try one of the other lawyers listed on the Hawaii NELA attorney referral web-page:

http://www.flex.com/~hsc/nela/member.html

posted Jul 13, 2010 9:45 PM [EST]