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I do not vigorously disagree, cbg. However, the OP was reportedly terminated for “drug diversion.” As I understand it, with this allegation her employer accused her of essentially stealing drugs for personal use. In contrast, she was not apparently accused with merely “wasting” drugs during...

I “second” the above responders. Your most straightforward possible means of seeking relief would appear to be to file a grievance pursuant to a collective bargaining agreement. OP, if you were covered under a CBA, did the union already file a grievance on your behalf? If not, why not? If...

OP, there is significant difference between “power tripping” and sexually harassing. While he stated you have to do what he says now that he has promoted you, this statement in and of itself does not constitute sexual harassment, in my opinion. Based on your post, this supervisor has harassed...

You should consider contacting a local employment law attorney and/or a representative of the EEOC or the NJ Division on Human Rights. Based on your post, it does appear that your employer has treated you in a disparate fashion for an invidious reason. Federal law and state law prohibit...

Even assuming that your interpretation of the First Time Offenders Act is correct, this state law would presumably only restrict Georgia employers from discriminating against you on this basis. At this juncture, you may want to explore petitioning to have your GA criminal record expunged. As...

If your son required medical attention from a physician, his condition may nonetheless be deemed as a “serious health condition” under FMLA. Your prospective counsel can check the applicable regulations. Nor is the “late” submission of the FMLA paperwork necessarily determinative here. If...

One, you and your husband should review his collective bargaining agreement closely. Many CBAs expressly incorporate the Family Medical Leave Act. If so, his termination would apparently contravene the CBA as well as the FMLA itself. Two, in addition to pressing his union to take his...

OP, do you and your coworker perform the identical jobs? If so, is there an objective reason why the company pays him $7.00/hr more than you? Does he have more experience? Is his educational background better than yours? Does he “produce” more at work than you? If there is an objective...

I would respectfully suggest you “decouple” the harassment issue from the disparate treatment issue in your thinking. The fact your boss may or may not want to sleep with you is of little consequence here. Based on your post, he has never explicitly or implicitly sought to have sex with you...

For starters, you indicated that you are a top performer, if not “the top producer.” How do you know? Whatever documentation you have received confirming your high level of performance you should surreptitiously copy and store off-site. If you have an employee handbook, you should make sure...

The problem with your scenario seems to be that your supervisor has never explicitly or unmistakably suggested that you sleep with him. Nor has he apparently made any inarguably offensive comments to you. He has invited you out after work. You have declined. Consequently, his interactions...

Can you be more specific? Did you file an administrative employment discrimination charge with the Arizona Attorney General’s Office (“AG”)? Did the AG refer the matter to the EEOC? Did the EEOC start “a suit” on your behalf or merely commence an investigation? Whether there are additional...

If the prospective employer and/or background check company only inquired about convictions, why would you volunteer that you had an arrest which did not result in a conviction? Strategically, volunteering this information appears to be a move with little or no upside. Unfortunately for you...

OP, if you are an at-will employee, you have far fewer rights than counterparts who are under a collective bargaining agreement or who have individual employment contracts. If you are employed on an at-will basis, you can be fired simply because a disgruntled passenger makes a baseless...

As a general matter, if you were an “at-will” employee, then your employer could terminate you for any reason as long as said reason did not contravene a law or a contract. Even assuming you did not do anything to this particular female coworker, it would not matter. A company can terminate an...

Unfortunately, in this instance you do not have great cards to play. You could resign arguing that the employer “constructively discharged” you by failing to address the manager’s threat of physical violence. You cannot assume, however, management will corroborate your version of the salient...

Agreed. You should definitely speak with your local union representatives. It would appear that the local would have good grounds for filing a grievance and, if necessary, prevailing in arbitration. If the company previously reimbursed its employees for the reasonable costs for a meal while...

Despite providing a page and a half long post, you inexplicably do not describe in any detail how this manager purportedly harassed you. If you want an informed opinion, you should provide the responders with a clear and concise summary of how she allegedly harassed you. If she merely does not...

Consequently, it does not appear you have any protection under the law. Generally, a company can discipline or even discharge an at-will employee for his or her Facebook postings. While an exception exists for employees communicating amongst each other concerning workplace conditions, this...

If X does not do anything untoward to you when he returns from suspension, then you probably do not have any basis for taking action against him or the company. (In theory, you could report him to the police. However, it does not appear his “pre-knock it off” conduct would fit the practical...