Answers Posted By Margaret A. Harris
Drug Test After Firing
I agree with your assessment. And I take it that you are not in a union. If you are, call the union and check the contract.
Unless the employer said that it would change its mind about terminating you if you passed the drug test, it has no right to tell you to go take a drug test. Besides, most people find it rather humiliating to have to have to give up their urine in order to get/keep a job.
Plus, there is no guarantee that the test result would be accurate -- and so the testing company could tell your employer that you tested positive even though you did not have any drugs in your system.
Bummer, bummer.
answer to suspicion of doing drugs posted Apr 12, 2007 12:31 AM [EST]
I agree with your assessment. And I take it that you are not in a union. If you are, call the union and check the contract.
Unless the employer said that it would change its mind about terminating you if you passed the drug test, it has no right to tell you to go take a drug test. Besides, most people find it rather humiliating to have to have to give up their urine in order to get/keep a job.
Plus, there is no guarantee that the test result would be accurate -- and so the testing company could tell your employer that you tested positive even though you did not have any drugs in your system.
Bummer, bummer.
answer to suspicion of doing drugs posted Apr 12, 2007 12:31 AM [EST]
Depends on the Motive
The most important question is, "Why did the employer do this to you?" An employer is pretty much free to demote people with or without a good reason -- unless the motive is illegal -- like discrimination due to religion, race, color, sex, disability, national origin, race, age, or retaliation for complaining about discrimination on the basis of one of these factors. And there are some whistleblower laws that provide employees with some protection. But, very rarely do the courts hold an employer responsible for not following its own procedures. Read about illegal motives either on this website or on www.workplacefairness.org, and then, if you think you have a cause of action, go to a Texas lawyer in your area who practices employment law. Check out the list of lawyers at www.telaonline.net. Good luck!
answer to violation of company policy, can i fight and win posted Apr 2, 2007 10:30 PM [EST]
The most important question is, "Why did the employer do this to you?" An employer is pretty much free to demote people with or without a good reason -- unless the motive is illegal -- like discrimination due to religion, race, color, sex, disability, national origin, race, age, or retaliation for complaining about discrimination on the basis of one of these factors. And there are some whistleblower laws that provide employees with some protection. But, very rarely do the courts hold an employer responsible for not following its own procedures. Read about illegal motives either on this website or on www.workplacefairness.org, and then, if you think you have a cause of action, go to a Texas lawyer in your area who practices employment law. Check out the list of lawyers at www.telaonline.net. Good luck!
answer to violation of company policy, can i fight and win posted Apr 2, 2007 10:30 PM [EST]
National Origin Discrimination
Yes, I believe you have a good reason to believe that the decisions made by your boss are because of your national origin. I suggest that, before you go to the EEOC, you talk to an Austin lawyer who knows this area of the law. There are four or more who have listings at www.telaonline.com. The are Craig Deats, Malcolm Greenstien, Rick Levy, and David Weiser. Their addresses and telephone numbers are on that website.
There are important decisions about strategy to make right now, so do not delay. Get an appointment with one of these lawyers ASAP. Try to avoid making any decisions about your options at work before you get legal advice.
Good luck to you!
Margie Harris
answer to Discrimination based on national origin posted Mar 5, 2007 1:58 PM [EST]
Yes, I believe you have a good reason to believe that the decisions made by your boss are because of your national origin. I suggest that, before you go to the EEOC, you talk to an Austin lawyer who knows this area of the law. There are four or more who have listings at www.telaonline.com. The are Craig Deats, Malcolm Greenstien, Rick Levy, and David Weiser. Their addresses and telephone numbers are on that website.
There are important decisions about strategy to make right now, so do not delay. Get an appointment with one of these lawyers ASAP. Try to avoid making any decisions about your options at work before you get legal advice.
Good luck to you!
Margie Harris
answer to Discrimination based on national origin posted Mar 5, 2007 1:58 PM [EST]
Ulterior Motive?
Texas is a "right to fire" state -- otherwise known as "employment at will." If the employer no longer has the will (or desire) to employ you, you do not have a right to the job. There are only a very few exceptions, which is why the title to this response is, "Ulterior Motive?"
If the employer wanted to get rid of you because you are of a racial group who is out of favor, or because you belong to the "wrong" religion, or came from the "wrong" country, or because you are the "wrong" gender, then the employer will often look for an excuse to use to fire you. We call this a pretext. That's how they try to cover up the fact that they are really firing you because of an unlawful motive. Only some bad motives are unlawful, however. It is against the law to fire someone because of age, color, religion, gender, disability, race, or national origin, but it is not illegal (in Texas) to fire someone because of their sexual orientation. And there's nothing illegal about favoritism or nepotism. Stupidity is not against the law either. There are some other exceptions too, but the ones about gender/age/disability/ etc. are the most common ones.
Check out the information about employee rights at www.workplacefairness.org. That information is written in plain English for the non-lawyer.
If you think there was an ulterior motive, and if you think it was an unlawful one, go see a lawyer in your area who practices employment law on behalf of employees.
Good luck!
answer to Terminated on hearsay and lies? posted Mar 2, 2007 3:50 PM [EST]
Texas is a "right to fire" state -- otherwise known as "employment at will." If the employer no longer has the will (or desire) to employ you, you do not have a right to the job. There are only a very few exceptions, which is why the title to this response is, "Ulterior Motive?"
If the employer wanted to get rid of you because you are of a racial group who is out of favor, or because you belong to the "wrong" religion, or came from the "wrong" country, or because you are the "wrong" gender, then the employer will often look for an excuse to use to fire you. We call this a pretext. That's how they try to cover up the fact that they are really firing you because of an unlawful motive. Only some bad motives are unlawful, however. It is against the law to fire someone because of age, color, religion, gender, disability, race, or national origin, but it is not illegal (in Texas) to fire someone because of their sexual orientation. And there's nothing illegal about favoritism or nepotism. Stupidity is not against the law either. There are some other exceptions too, but the ones about gender/age/disability/ etc. are the most common ones.
Check out the information about employee rights at www.workplacefairness.org. That information is written in plain English for the non-lawyer.
If you think there was an ulterior motive, and if you think it was an unlawful one, go see a lawyer in your area who practices employment law on behalf of employees.
Good luck!
answer to Terminated on hearsay and lies? posted Mar 2, 2007 3:50 PM [EST]
More Work, Less Pay?
The answer depends on whether you are a member of a union. If you are, then the answer is "probably not," and you should call the union. If you are not a member of a union, however, you probably do not have a right to receive extra pay for the additional work. You do have to be paid at least minimum wage, but that's so small that it's probably not an issue for you. I am ddeply disturbed to have to report to you that employers generally have the right to make all the rules -- and the workers have to follow them. The company, on the other hand, can choose to ignore whatever rules it wishes to ignore.
Do you want to support a Worker's Bill of Rights? Go to www.workplacefairness.org
answer to Additional Duties not within Job Description with No Additional Compensation posted Feb 22, 2007 7:40 PM [EST]
The answer depends on whether you are a member of a union. If you are, then the answer is "probably not," and you should call the union. If you are not a member of a union, however, you probably do not have a right to receive extra pay for the additional work. You do have to be paid at least minimum wage, but that's so small that it's probably not an issue for you. I am ddeply disturbed to have to report to you that employers generally have the right to make all the rules -- and the workers have to follow them. The company, on the other hand, can choose to ignore whatever rules it wishes to ignore.
Do you want to support a Worker's Bill of Rights? Go to www.workplacefairness.org
answer to Additional Duties not within Job Description with No Additional Compensation posted Feb 22, 2007 7:40 PM [EST]
Go Get Face-to-Face Legal Advice
Your questions are much too complicated, and important, to make your decision based on legal advice someone might give you for free on the web.
A good lawyer would want many more details about your job, etc. before giving you an opinion on your non-compete agreement.
Ditto on the invention questions.
Find a lawyer who has been practicing in the employment law field for awhile. Don't go to a general practitioner. To find such a person, look at the lists maintained at www.nela.org and/or www.telaonline.net. />
Good luck!
answer to Questions Regarding Non-Compete Agreements and Inventions posted Feb 5, 2007 5:01 PM [EST]
Your questions are much too complicated, and important, to make your decision based on legal advice someone might give you for free on the web.
A good lawyer would want many more details about your job, etc. before giving you an opinion on your non-compete agreement.
Ditto on the invention questions.
Find a lawyer who has been practicing in the employment law field for awhile. Don't go to a general practitioner. To find such a person, look at the lists maintained at www.nela.org and/or www.telaonline.net.
Good luck!
answer to Questions Regarding Non-Compete Agreements and Inventions posted Feb 5, 2007 5:01 PM [EST]
The Company Rules
The answers, unfortunately, are "yes," "no," and "no," -- unless you are a member of a union or have a separate (and signed) employment agreement. Managment makes the rules, and management can break the rules. Employees have very few rights -- unless they are members of a union. Unions have the ability to negotiate with employers and require that there be rules of fairness.
I suggest you take a look at why your employer lied to you. Is someone trying to cover up another reason for firing you? Maybe a reason that would be unlawful, like sexism, racism, etc? Check out www.workplacefairness.org for a good discussion of the rights that employees DO have.
Otherwise, the Company rules.
answer to Can a company rehire under a job title that has been eliminated? posted Feb 2, 2007 09:23 AM [EST]
The answers, unfortunately, are "yes," "no," and "no," -- unless you are a member of a union or have a separate (and signed) employment agreement. Managment makes the rules, and management can break the rules. Employees have very few rights -- unless they are members of a union. Unions have the ability to negotiate with employers and require that there be rules of fairness.
I suggest you take a look at why your employer lied to you. Is someone trying to cover up another reason for firing you? Maybe a reason that would be unlawful, like sexism, racism, etc? Check out www.workplacefairness.org for a good discussion of the rights that employees DO have.
Otherwise, the Company rules.
answer to Can a company rehire under a job title that has been eliminated? posted Feb 2, 2007 09:23 AM [EST]
Recovery of Damages
If by the word "case" you mean that you are already in litigation, I strongly suggest that you have a lawyer represent you! There are too many technical issues that, if not addressed properly, could cause you to lose regardless of the facts. The maximum amount of recovery depends on the size of the employer, how many employees it has or had. The website at www.workplacefairness.org has the details, and includes a state-by-state analysis so you can get an overview of both Texas and United States laws that prohibit discrimination in employment because of pregnancy. You should know, however, that the maximum is just that -- and very few plaintiffs recover the maximum. If you are trying to determine the "value" of your case for settlement purposes, you really should speak with an experienced lawyer in your area, or you may have to go to Dallas or Fort Worth. There are many things that affect the "value" of someone's case, such as witnesses, timing (you have a good fact on this front), and also figuring out what the employer will give as its reason and the likelihood of success. You may be able to find a lawyer in your part of the state by going to the website of the Texas Employment Lawyers Association. I regret I do not have that website address memorized, but it might be www.telaonline.net. If that address is wrong, just google the name of the organization.
And, good luck. There has been increased incidents of employers not wanting to deal with having an employee who is pregnant, knowing that they will have to miss several weeks of work, and who are perhaps entitled to as many as twelve weeks time off. And some employers just automatically think that, after they've protected a job for the pregnant employee's return, the woman will change her mind and not return. While that can and does happen with some employees, it is not legal to assume that it will happen with each pregnant employee. I mean really! It should not come as a surprise that not all pregnant women think alike. Duh. But, there are some decision makers who seem to think so.
Good luck to you!
answer to Pregnancy Discrimination posted Jan 13, 2007 12:07 PM [EST]
If by the word "case" you mean that you are already in litigation, I strongly suggest that you have a lawyer represent you! There are too many technical issues that, if not addressed properly, could cause you to lose regardless of the facts. The maximum amount of recovery depends on the size of the employer, how many employees it has or had. The website at www.workplacefairness.org has the details, and includes a state-by-state analysis so you can get an overview of both Texas and United States laws that prohibit discrimination in employment because of pregnancy. You should know, however, that the maximum is just that -- and very few plaintiffs recover the maximum. If you are trying to determine the "value" of your case for settlement purposes, you really should speak with an experienced lawyer in your area, or you may have to go to Dallas or Fort Worth. There are many things that affect the "value" of someone's case, such as witnesses, timing (you have a good fact on this front), and also figuring out what the employer will give as its reason and the likelihood of success. You may be able to find a lawyer in your part of the state by going to the website of the Texas Employment Lawyers Association. I regret I do not have that website address memorized, but it might be www.telaonline.net. If that address is wrong, just google the name of the organization.
And, good luck. There has been increased incidents of employers not wanting to deal with having an employee who is pregnant, knowing that they will have to miss several weeks of work, and who are perhaps entitled to as many as twelve weeks time off. And some employers just automatically think that, after they've protected a job for the pregnant employee's return, the woman will change her mind and not return. While that can and does happen with some employees, it is not legal to assume that it will happen with each pregnant employee. I mean really! It should not come as a surprise that not all pregnant women think alike. Duh. But, there are some decision makers who seem to think so.
Good luck to you!
answer to Pregnancy Discrimination posted Jan 13, 2007 12:07 PM [EST]
Possible Discrimination Case
You say you were discriminated against, but do not identify the basis for that discrimination. Was it because of your U.S. citizenship? Was it because of your gender, or religion? Not all discrimination is illegal. To read a good description of the types of discrimination that are illegal, go to the website of Workplace Fairness, a non-profit group that exists to educate non-lawyers about their legal rights. It is at www.workplacefairness.org. Good luck! If you believe, after reading that information, that you have a claim of unlawful discrimination, you should consult with an Austin attorney who is familiar with employment law. You may find the names of lawyers in the Austin area who belong to the National Employment Lawyers Association at that organization's website, www.nela.org. If the lawyer is a member of this group, that indicates that they regularly represent employees (not companies), which is good.
answer to wrongfully denied the right for an interview/employment posted Jan 9, 2007 12:40 PM [EST]
You say you were discriminated against, but do not identify the basis for that discrimination. Was it because of your U.S. citizenship? Was it because of your gender, or religion? Not all discrimination is illegal. To read a good description of the types of discrimination that are illegal, go to the website of Workplace Fairness, a non-profit group that exists to educate non-lawyers about their legal rights. It is at www.workplacefairness.org. Good luck! If you believe, after reading that information, that you have a claim of unlawful discrimination, you should consult with an Austin attorney who is familiar with employment law. You may find the names of lawyers in the Austin area who belong to the National Employment Lawyers Association at that organization's website, www.nela.org. If the lawyer is a member of this group, that indicates that they regularly represent employees (not companies), which is good.
answer to wrongfully denied the right for an interview/employment posted Jan 9, 2007 12:40 PM [EST]
Not a Question of FMLA Law
This situation is unique to the writer and her employer. The FMLA law leaves issues like this to the employer to work out. So, the writer will have to get the information she needs from her employer -- unless it is described/defined in the employer handbook or some other document the employer provided her when she left on FMLA leave.
answer to Returing to work long enough to not have to reimburse benefits paid by employer after FMLA leave. posted Jan 4, 2007 3:26 PM [EST]
This situation is unique to the writer and her employer. The FMLA law leaves issues like this to the employer to work out. So, the writer will have to get the information she needs from her employer -- unless it is described/defined in the employer handbook or some other document the employer provided her when she left on FMLA leave.
answer to Returing to work long enough to not have to reimburse benefits paid by employer after FMLA leave. posted Jan 4, 2007 3:26 PM [EST]
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