Answers Posted By David Neel
Answer to What detail needs to be included in an EEOC charge?
Give the EEOC this basic evidence: (1) Your qualifications for the job; (2) the adverse action; (3) your race and national origin; and (4) others not of the same race or national origin were treated better than you, which can include being replaced by someone not of your race or national origin. The employer will then give evidence of a legitimate basis for the adverse action. You must then give evidence to undercut the reason given by the employer. Present all evidence upon which you believe you were discriminated against, i.e., all evidence that an objective bystander could find that discrimination might have occurred.It can get fairly complicated and the above is a basic framework of analysis. If you want to retain an attorney to help you, you can find them on this website, at OELA.net or elsewhere on the web.
posted May 22, 2012 08:55 AM [EST]
Answer to can your boss give you a written counseling for an issue that you came to them about a week prior?
Your manager is allowed to set expectations. This is not retaliation. It sounds like he simply wants to make sure that the night crew completes it work so the morning crew does not have to finish the job.posted Apr 25, 2012 07:56 AM [EST]
Answer to Was this fair is there something I can do about this situation?
Based on the information provided the employer acted legally. Do apply for unemployment compensation.posted Jan 19, 2012 08:42 AM [EST]
Answer to What if earned vacation is changed from work in the prior year to work in the current year?
I say yes under the set of facts presented and assuming that there is no union contract. The employer can unilaterally change the policy but it cannot fail to provide employees with something of value that has been earned.posted Nov 16, 2011 1:51 PM [EST]
Answer to If I accept the severance package will I still be eligible for umemployment when it runs out?
The simple answer is yes you will be eligible but the severance will offset against unemployment benefits.posted Oct 3, 2011 08:09 AM [EST]
Answer to Is the non-compete clause in the contract I signed valid and enforceable
First, I assume that Ohio law applies to this situation. It might not if the employer is headquartered in another or if your agreement contains a provision identifying the state that supplies the law.In general, 18 months is considered a reasonable restriction by Ohio courts. The agreement clearly states that you cannot work for or assist a direct competitor, which appears to be what you want to be able to do. In that event, it is likely that the covenant not to compete will be upheld by Ohio courts.
To answer your precise question, there is nothing that prevents you from looking for an opportunity with a competitor. If you do so, you need to disclose the non-competition agreement.
posted Sep 23, 2011 10:26 AM [EST]
Answer to Office has a 35-hour work week. Do I get straight pay for 35 to 40 & then 1.5 over 40
You are entitled to overtime pay.posted Sep 23, 2011 09:21 AM [EST]
Answer to Wrongfully discharged?
Your situation is not uncommon. In a nutshell, to mount a successful legal challenge you must have evidence that the employer was motivated by some illegal criterion such as your gender, religion, age, etc. and that this criterion was the real reason for your termination.posted Jul 13, 2011 3:09 PM [EST]
Answer to I had a seizure in march and I am unable to drive to work for six months
I agree with Bruce's assessment.posted Jun 23, 2011 12:17 PM [EST]
Answer to time off without pay
Good advice from Bruce. I can only add that when you speak with an employment lawyer you should discuss whether you might be entitled to overtime pay.posted Jun 13, 2011 09:18 AM [EST]