Comments for UndercoverLawyer http://www.undercoverlawyer.com What Your Boss Does Not Want You To Know... Thu, 09 Jul 2009 20:26:38 +0000 http://wordpress.org/?v=2.5 Comment on Store Page by Gradual Workplace Harassment Is Not Legal Harassment | UndercoverLawyer http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/AazmCjeHg-I/store-page Gradual Workplace Harassment Is Not Legal Harassment | UndercoverLawyer Thu, 02 Jul 2009 23:58:08 +0000 http://www.undercoverlawyer.com/?page_id=106#comment-118 [...] Books [...] […] Books […]

]]> http://www.undercoverlawyer.com/store-page#comment-118 Comment on Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It” by nhz http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/kPbU2U3F1yk/80 nhz Mon, 29 Jun 2009 16:20:27 +0000 http://www.undercoverlawyer.com/?p=80#comment-117 I have a question, i have a co-worker whose hours were reduced recently from 42 to now 18 and she is extremely anxious as she is unable to meet her needs, paying bills etc. The sad thing is that she was hired as a full time employee and now since they dont' want to pay her health insurance that's why they did this. She is also over 40 i feel just like what they did to me they have done the same thing to her that is discriminated because of her age. Do you think she would qualify for unemployment if she chooses to leave this job because she is not able to meet her basic needs? Also, even if she continues there as a part timer will she still qualify for an unemployment benefit? Please suggest I want to help my co-worker. I have a question, i have a co-worker whose hours were reduced recently from 42 to now 18 and she is extremely anxious as she is unable to meet her needs, paying bills etc. The sad thing is that she was hired as a full time employee and now since they dont’ want to pay her health insurance that’s why they did this. She is also over 40 i feel just like what they did to me they have done the same thing to her that is discriminated because of her age. Do you think she would qualify for unemployment if she chooses to leave this job because she is not able to meet her basic needs? Also, even if she continues there as a part timer will she still qualify for an unemployment benefit? Please suggest I want to help my co-worker.

]]> http://www.undercoverlawyer.com/archives/80#comment-117 Comment on Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It” by nhz http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/1h8JJc5wahM/80 nhz Wed, 24 Jun 2009 02:23:20 +0000 http://www.undercoverlawyer.com/?p=80#comment-116 Thanks for the advice. My previous employer is denying me access to my personnel documents. I have e-mailed her repeatedly and she continues to ignore my e-mails. What do you think it's going on there? How much time should I give to them? What if I take them to court, and then they show up those personnel files of which I have no knowledge. How can I protect myself? Please advice. Thanks for the advice. My previous employer is denying me access to my personnel documents. I have e-mailed her repeatedly and she continues to ignore my e-mails. What do you think it’s going on there? How much time should I give to them? What if I take them to court, and then they show up those personnel files of which I have no knowledge. How can I protect myself? Please advice.

]]> http://www.undercoverlawyer.com/archives/80#comment-116 Comment on Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It” by UndercoverLawyer http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/JaVQOXdnNZU/80 UndercoverLawyer Sat, 20 Jun 2009 22:58:04 +0000 http://www.undercoverlawyer.com/?p=80#comment-115 To qualify as "disabled" under the ADA, you do not have to have a traditional permanent disability like being in a wheelchair or having downs syndrome. Instead, the bar is much lower for the ADA. To qualify, you merely have to be "impaired in a major life activity." Lifting is a major life activity. If you have a permanent condition that is better sometimes and flares up and gets worse other times, you still have a permanent impairment. Filing for Work Comp will NOT affect your insurance premium, though it will affect your employers payroll tax rate. Work comp DOES pay you for time lost from work because of a workplace injury; work comp also covers medical bills for the treatment of the injury that occurred at work. The process is different in each state. Just follow the link to go to your state's website about filing work comp and follow what they have to say. Great to hear that you "love this forum". Learning to stand up for your rights is what we're all about! Curt To qualify as “disabled” under the ADA, you do not have to have a traditional permanent disability like being in a wheelchair or having downs syndrome. Instead, the bar is much lower for the ADA. To qualify, you merely have to be “impaired in a major life activity.” Lifting is a major life activity. If you have a permanent condition that is better sometimes and flares up and gets worse other times, you still have a permanent impairment.

Filing for Work Comp will NOT affect your insurance premium, though it will affect your employers payroll tax rate.

Work comp DOES pay you for time lost from work because of a workplace injury; work comp also covers medical bills for the treatment of the injury that occurred at work.

The process is different in each state. Just follow the link to go to your state’s website about filing work comp and follow what they have to say.

Great to hear that you “love this forum”. Learning to stand up for your rights is what we’re all about!

Curt

]]> http://www.undercoverlawyer.com/archives/80#comment-115 Comment on Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It” by nhz http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/7UdT8iayvyU/80 nhz Sat, 20 Jun 2009 02:26:05 +0000 http://www.undercoverlawyer.com/?p=80#comment-114 Thanks a lot. I have filed a complaint with the local michigan employees agency. One thing I did not understand is what did you mean by (you simply have to be “impaired in a major life activity”), Does it have to be permanent? Also, if I file of workmans comp, will it affect my insurance premium? I am receiving unemployment benefit, will workmans comp also help out with the loss wages along with the cost of treatments? What is the duration of the payment and the process? Once again I appreciate your time and love this forum. I am already learning to know and stand up for my rights. Thank you. Thanks a lot. I have filed a complaint with the local michigan employees agency. One thing I did not understand is what did you mean by (you simply have to be “impaired in a major life activity”),
Does it have to be permanent?
Also, if I file of workmans comp, will it affect my insurance premium? I am receiving unemployment benefit, will workmans comp also help out with the loss wages along with the cost of treatments? What is the duration of the payment and the process?

Once again I appreciate your time and love this forum. I am already learning to know and stand up for my rights. Thank you.

]]> http://www.undercoverlawyer.com/archives/80#comment-114 Comment on Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It” by UndercoverLawyer http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/cTmsV5TpjDM/80 UndercoverLawyer Fri, 19 Jun 2009 18:42:54 +0000 http://www.undercoverlawyer.com/?p=80#comment-113 Nhz, Do NOT return the $1,000. This doctor is on crack if he thinks you are legally obligated to return that money. And, it is against the law for him to hold your personnel file hostage. First, give the doctor a written request for a copy your personnel file pursuant to MCLA 423.501. Make sure you give your name and address, social security number, and dates of employment. Also include the sentence "I understand that I can be charged a reasonable fee for copying expenses." I suggest you mail the request "return receipt requested" or fax it and save the confirmation page. Second, you potentially have claims against the clinic for race discrimination, disability discrimination (you simply have to be "impaired in a major life activity"), and a workers compensation claim for the worsening of your back. Third: a)You should file a work comp claim, at http://www.michigan.gov/documents/ose/WC_Brochure-web_175230_7.pdf ; b) file for unemployment insurance: http://www.michigan.gov/uia ; c) file a discrimination claim: http://www.eeoc.gov/charge/overview_charge_filing.html Fourth: You may also want to speak with a private attorney who can file a traditional lawsuit on your behalf. Here is one based in Detroit who has Michigan law for employees on their site: http://www.huizengahergt.com/ I hope this helps you. Please keep in touch. Curt Nhz,

Do NOT return the $1,000. This doctor is on crack if he thinks you are legally obligated to return that money. And, it is against the law for him to hold your personnel file hostage.

First, give the doctor a written request for a copy your personnel file pursuant to MCLA 423.501. Make sure you give your name and address, social security number, and dates of employment. Also include the sentence “I understand that I can be charged a reasonable fee for copying expenses.” I suggest you mail the request “return receipt requested” or fax it and save the confirmation page.

Second, you potentially have claims against the clinic for race discrimination, disability discrimination (you simply have to be “impaired in a major life activity”), and a workers compensation claim for the worsening of your back.

Third:

a)You should file a work comp claim, at http://www.michigan.gov/documents/ose/WC_Brochure-web_175230_7.pdf ;

b) file for unemployment insurance: http://www.michigan.gov/uia ;

c) file a discrimination claim: http://www.eeoc.gov/charge/overview_charge_filing.html

Fourth: You may also want to speak with a private attorney who can file a traditional lawsuit on your behalf. Here is one based in Detroit who has Michigan law for employees on their site: http://www.huizengahergt.com/

I hope this helps you. Please keep in touch.

Curt

]]> http://www.undercoverlawyer.com/archives/80#comment-113 Comment on Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It” by nhz http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/MhSKqXTZi4c/80 nhz Thu, 18 Jun 2009 16:58:26 +0000 http://www.undercoverlawyer.com/?p=80#comment-112 I have worked for 6 months at a Dr. clinic owned by him. For 6 months I was harassed both by the manager and the owner I was so emotionally traumatized that I requested my primary doctor to put me on anti anxiety pills. i used to come home each day and cry. I am a single parent who has struggled a lot and all this have affected my relationship with my children On various occasions the dr. used to pass demeaning comments on my ethnicity, he used to say things like you are too indian and need to get rid of your indianness. i had made him aware of the managers abusive behavior and he said that well, then you should look for another job if you are not happy with her. Also, i have submitted my Dr. note who had treated me for my back problems, he is DO, in the note he stated clearly that i should not be allowed to carry or lift more than 20 lbs and yet, each week i was forced both by this Dr. and by the abusive manager to transport their scanning machine along with other stuff when they had other employees who were transporting other things but they forced me to do this. as a result my back problem had worsended.. i had to bring the machine home and then transport it to his satellite offices which was an hour away from my home. also, there i was made to bring in 500 lb x ray machine from the hospital to his clinic. also, for 3 months i was not assigned or accomodated any one spot to sit and work , the manager used to shuffle me from room to room in a demeaning manner, despite many requests made it was turned down each time. where as all the other employees had their own desk, excpet me. my back problem had deteiorated due to all this. i requested the owner to which he yelled back and said if you can't transport these machines then i will have to replace you. Is this disability? can I claim for this when I file a report against them even though I am not claiming disability from the government? the manager was very abusive and used to intimidate me by variuos tactics. recently i was fired and it was wrongful termination, the owner said that he is fring me because i had taken 3 sick days in a perioud of 6 months, also one day i had an emergency and i did call the manger and informed her that i will be coming in late. I left two voicemails but she didn't return my calls which i think on purpose.. The owner also made that in excuse to fire me and said that according to our office policy if you do not hear back from the manager then you should have arrived according to your schedule. Now, i wasn't given any employee handbook and was not aware of this policy so I told him and he yelled back at me and said 'well this is common sense. all the other employees were given paid sick days, and i know that many employees are chronic later comers but no action has been taken against them. i feel that i was discriminated and abused at this place. another thing is that the owner had send me to attend a conference for which he paid the fees. and a week later after that conference was over the manager hands me the contract paper which stated that if for any reason my job is terminated then i have to return all the conference money which is around $1000. I want to ask why this contract was handed to me after i had attended this conference? is it illegal to hand me this conference. i have recently requested an access to my persoannel records and the manger wrote back that i need to pay back that money first. The owner have also not payed my wages for the weekend work i had done and says that he will not as he will deduct that amount from that conference money, i live in michigan and i want to know what are my legal rights. i want to file a case against this Dr. and his abusive manager. please help what should I do. I am very much emotionally traumatized and stressed as a result of this harassment and discrimination. Please, please advice me. I have worked for 6 months at a Dr. clinic owned by him. For 6 months I was harassed both by the manager and the owner I was so emotionally traumatized that I requested my primary doctor to put me on anti anxiety pills. i used to come home each day and cry. I am a single parent who has struggled a lot and all this have affected my relationship with my children
On various occasions the dr. used to pass demeaning comments on my ethnicity, he used to say things like you are too indian and need to get rid of your indianness. i had made him aware of the managers abusive behavior and he said that well, then you should look for another job if you are not happy with her.

Also, i have submitted my Dr. note who had treated me for my back problems, he is DO, in the note he stated clearly that i should not be allowed to carry or lift more than 20 lbs and yet, each week i was forced both by this Dr. and by the abusive manager to transport their scanning machine along with other stuff when they had other employees who were transporting other things but they forced me to do this. as a result my back problem had worsended.. i had to bring the machine home and then transport it to his satellite offices which was an hour away from my home. also, there i was made to bring in 500 lb x ray machine from the hospital to his clinic. also, for 3 months i was not assigned or accomodated any one spot to sit and work , the manager used to shuffle me from room to room in a demeaning manner, despite many requests made it was turned down each time. where as all the other employees had their own desk, excpet me. my back problem had deteiorated due to all this. i requested the owner to which he yelled back and said if you can’t transport these machines then i will have to replace you. Is this disability? can I claim for this when I file a report against them even though I am not claiming disability from the government?
the manager was very abusive and used to intimidate me by variuos tactics.
recently i was fired and it was wrongful termination, the owner said that he is fring me because i had taken 3 sick days in a perioud of 6 months, also one day i had an emergency and i did call the manger and informed her that i will be coming in late. I left two voicemails but she didn’t return my calls which i think on purpose.. The owner also made that in excuse to fire me and said that according to our office policy if you do not hear back from the manager then you should have arrived according to your schedule. Now, i wasn’t given any employee handbook and was not aware of this policy so I told him and he yelled back at me and said ‘well this is common sense.
all the other employees were given paid sick days, and i know that many employees are chronic later comers but no action has been taken against them. i feel that i was discriminated and abused at this place.
another thing is that the owner had send me to attend a conference for which he paid the fees. and a week later after that conference was over the manager hands me the contract paper which stated that if for any reason my job is terminated then i have to return all the conference money which is around $1000.
I want to ask why this contract was handed to me after i had attended this conference? is it illegal to hand me this conference.
i have recently requested an access to my persoannel records and the manger wrote back that i need to pay back that money first. The owner have also not payed my wages for the weekend work i had done and says that he will not as he will deduct that amount from that conference money,

i live in michigan and i want to know what are my legal rights. i want to file a case against this Dr. and his abusive manager. please help what should I do. I am very much emotionally traumatized and stressed as a result of this harassment and discrimination. Please, please advice me.

]]> http://www.undercoverlawyer.com/archives/80#comment-112 Comment on The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” by nhz http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/GFn3MnvABWQ/161 nhz Thu, 18 Jun 2009 16:42:33 +0000 http://www.undercoverlawyer.com/?p=161#comment-111 I have worked for 6 months at a Dr. clinic owned by him. For 6 months I was harassed both by the manager and the owner. on various occasions the dr. used to pass demeaning comments on my ethnicity, he used to say things like you are too indian and need to get rid of your indianness...Also, i have submitted my Dr. note who had treated me for my back problems, in the note it said clearly that i should not be allowed to carry or lift more than 20 lbs and yet, each week i was forced both by this Dr. and by the abusive manager to transport their scanning maching. i had to bring the machine home and then transport it to his satellite offices. also, there i was made to bring in 500 lb x ray machine from the hospital to his clinic. also, for 3 months i was not assigned or accomodated one place to sit and work where as all the other employees had their own desk excpet me. the manager was very abusive and used to intimidate me by variuos tactics. recently i was fired and it was wrongful termination, the owner said that he is fring me because i had taken 3 sick days in a perioud of 6 months, also one day i had an emergency and i did call the manger and informed her that i will be coming in late. I left two voicemail but she didn't return my calls. The owner also made that in excuse to fire me and said that according to our office policy if you do not hear back from the manager then you should have arrived according to your schedule. Now, i wasn't given any employee handbook and was not aware of this policy so I told him and he yelled back at me and said 'well this is common sense. all the other employees were given paid sick days, and i know that many employees are chronic later comers but no action has been taken against them. i feel that i was discriminated and abused at this place. another thing is that the owner had send me to attend a conference for which he paid the fees. and a week later after that conference was over the manager hands me the contract paper which stated that if for any reason my job is terminated then i have to return all the conference money which is around $1000. I want to ask why this contract was handed to me after i had attended this conference? is it illegal to hand me this conference. i have recently requested an access to my persoannel records and the manger wrote back that i need to pay back that money first. The owner have also not payed my wages for the weekend work i had done and says that he will not as he will deduct that amount from that conference money, i live in michigan and i want to know what are my legal rights. i want to file a case against this Dr. and his abusive manager. please help what should I do. I am very much emotionally traumatized and stressed as a result of this harassment and discrimination. Please, please advice me. I have worked for 6 months at a Dr. clinic owned by him. For 6 months I was harassed both by the manager and the owner. on various occasions the dr. used to pass demeaning comments on my ethnicity, he used to say things like you are too indian and need to get rid of your indianness…Also, i have submitted my Dr. note who had treated me for my back problems, in the note it said clearly that i should not be allowed to carry or lift more than 20 lbs and yet, each week i was forced both by this Dr. and by the abusive manager to transport their scanning maching. i had to bring the machine home and then transport it to his satellite offices. also, there i was made to bring in 500 lb x ray machine from the hospital to his clinic. also, for 3 months i was not assigned or accomodated one place to sit and work where as all the other employees had their own desk excpet me.
the manager was very abusive and used to intimidate me by variuos tactics.
recently i was fired and it was wrongful termination, the owner said that he is fring me because i had taken 3 sick days in a perioud of 6 months, also one day i had an emergency and i did call the manger and informed her that i will be coming in late. I left two voicemail but she didn’t return my calls. The owner also made that in excuse to fire me and said that according to our office policy if you do not hear back from the manager then you should have arrived according to your schedule. Now, i wasn’t given any employee handbook and was not aware of this policy so I told him and he yelled back at me and said ‘well this is common sense.
all the other employees were given paid sick days, and i know that many employees are chronic later comers but no action has been taken against them. i feel that i was discriminated and abused at this place.
another thing is that the owner had send me to attend a conference for which he paid the fees. and a week later after that conference was over the manager hands me the contract paper which stated that if for any reason my job is terminated then i have to return all the conference money which is around $1000.
I want to ask why this contract was handed to me after i had attended this conference? is it illegal to hand me this conference.
i have recently requested an access to my persoannel records and the manger wrote back that i need to pay back that money first. The owner have also not payed my wages for the weekend work i had done and says that he will not as he will deduct that amount from that conference money,

i live in michigan and i want to know what are my legal rights. i want to file a case against this Dr. and his abusive manager. please help what should I do. I am very much emotionally traumatized and stressed as a result of this harassment and discrimination. Please, please advice me.

]]> http://www.undercoverlawyer.com/archives/161#comment-111 Comment on The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” by lori-vorwald http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/ZlW15dS6HlU/161 lori-vorwald Wed, 17 Jun 2009 02:50:13 +0000 http://www.undercoverlawyer.com/?p=161#comment-110 Lets not forget the recent case in in Iowa where they were successful in sueing a Dr. who was employed by the same hospital as the victim-yes it does mark the 1st-I bet we will be seeing more- sueing a company first and winning-turn around and sue your violater is making progress. You can sue the Federal Gov.-ask me how????? ALL FOR JUSTICE lorivorwald@hotmail.com Lets not forget the recent case in in Iowa where they were successful in sueing a Dr. who was employed by the same hospital as the victim-yes it does mark the 1st-I bet we will be seeing more- sueing a company first and winning-turn around and sue your violater is making progress. You can sue the Federal Gov.-ask me how?????
ALL FOR JUSTICE
lorivorwald@hotmail.com

]]> http://www.undercoverlawyer.com/archives/161#comment-110 Comment on The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” by catlady971 http://feedproxy.google.com/~r/CommentsForUndercoverlawyer/~3/YPZ_s46baiw/161 catlady971 Tue, 16 Jun 2009 23:27:23 +0000 http://www.undercoverlawyer.com/?p=161#comment-109 Oh My! This is exactly what is happening to me at work but I word for the Federal Govt and I can't sue them. I have an EEOC mediation Monday afternoon about my horrible yearly appraisal and it is due to my FMLA leave use because of BiPolar II. I have actually been told by one of my bosses that I needed to talk to my doctor and change my medication so I could get up on time every morning to get to work ontime. I was suspended last December 2nd for one day without pay--because there is a big disagreement on two days last August. Management CHOSE to AWOL me instead of giving me FMLA which I requested. According to the FMLA laws they cannot just chose to change my requested FMLA leave. The people I work with are horrible--they talk about me, hollar at me and now they are telling some new employees not to have anything to do with me. I am so depressed about all this....but I refuse to go down without a total fight!! I have kept all my information since October 2007 when it all started--emails, notes everyday of what I do..everything.. any suggestions? Oh My! This is exactly what is happening to me at work but I word for the Federal Govt and I can’t sue them. I have an EEOC mediation Monday afternoon about my horrible yearly appraisal and it is due to my FMLA leave use because of BiPolar II. I have actually been told by one of my bosses that I needed to talk to my doctor and change my medication so I could get up on time every morning to get to work ontime. I was suspended last December 2nd for one day without pay–because there is a big disagreement on two days last August. Management CHOSE to AWOL me instead of giving me FMLA which I requested. According to the FMLA laws they cannot just chose to change my requested FMLA leave. The people I work with are horrible–they talk about me, hollar at me and now they are telling some new employees not to have anything to do with me. I am so depressed about all this….but I refuse to go down without a total fight!! I have kept all my information since October 2007 when it all started–emails, notes everyday of what I do..everything..
any suggestions?

]]> http://www.undercoverlawyer.com/archives/161#comment-109