Answers Posted By Martin A. Shellist

If you are truly non-exempt, this would be illegal. Seems fairly straightforward. There are some exceptions, such as the fluctuating work week, etc. Call me, or another qualified lawyer, to look into every aspect. Bottom line is: If it is illegal, are you ready to rock the boat?

answer to Can my employer convert all stff to Exempt to cut out our overtime? posted Dec 9, 2011 2:26 PM [EST]

I do not see a viable legal claim. If he was discriminated against due to race, religion, etc., then there may be a claim. Retaliation covers a host of issues, but not refusing to let someone off for a child's birthday.

answer to My husbands boss .... posted Jun 10, 2010 2:40 PM [EST]

If you lodge a valid complaint, you will be protected under the federal and state retaliation laws. You have to be willing to "rock the boat" and risk that the Company will not play favorites. If you are retaliated against, you would have a claim against the Company. There are many details, so call an attorney as soon as possible to discuss your potential claims. You can check www.nela.org or Google the Texas Employment Lawyers Association, or Google the EEOC in your area. Good luck.

answer to My Boss is untouchable? posted Dec 16, 2009 11:19 PM [EST]

If you lodge a valid complaint, you will be protected under the federal and state retaliation laws. You have to be willing to "rock the boat" and risk that the Company will not play favorites. If you are retaliated against, you would have a claim against the Company. There are many details, so call an attorney as soon as possible to discuss your potential claims. You can check www.nela.org or Google the Texas Employment Lawyers Association, or Google the EEOC in your area. Good luck.

answer to My Boss is untouchable? posted Dec 16, 2009 11:19 PM [EST]

It is always my opinion that the existence of a claim lies in its details. You would have to provide more regarding the nature of your complaints to HR, as well as other pertinent data, including the racial make up of co-workers, etc. You ought to check the resources offered above by Mr. Harkins as a good starting point. Good luck and act quickly as there are time lines which can bar your claim if not met.

answer to Do I have a contructive discharge, retaliation, discrimination case? posted Dec 16, 2009 11:14 PM [EST]

It would generally be considered the same. So, if you have 12 weeks of FMLA leave in a given year, that can be used on multiple issues.

answer to Can you have more than one FMLA if one is for a family member an then one is for self or combined? posted Dec 16, 2009 11:10 PM [EST]