Answers Posted By Henry F. Sherrod III
Generally, the answer to your question depends on whether you can prove the false allegation was known or believed to be false by the person the manager and was used as a cover for some form of illegal discrimination such as discrimination based on race, gender, age, disability, etc. The fact that the allegation was false is, alone, insufficient.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
119 South Court Street
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
answer to Can a employment lawyer help me if I was falsely accused posted Aug 19, 2009 4:36 PM [EST]
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
119 South Court Street
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
answer to Can a employment lawyer help me if I was falsely accused posted Aug 19, 2009 4:36 PM [EST]
laid off
Generally, in Alabama, employers can fire employees for any reason. Unless you have evidence that you were discriminated against based on sex, race, disability, etc., you probably can't challenge your termination. Being terminated because a fellow employee accused you of harassment (assuming the layoff reason was untrue) is not, in and of itself, illegal. Only if the real reason behind the apparently false layoff claim is some sort of discrimination will you ordinarily be able to make out a claim. Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to harrassment posted May 17, 2005 08:26 AM [EST]
Generally, in Alabama, employers can fire employees for any reason. Unless you have evidence that you were discriminated against based on sex, race, disability, etc., you probably can't challenge your termination. Being terminated because a fellow employee accused you of harassment (assuming the layoff reason was untrue) is not, in and of itself, illegal. Only if the real reason behind the apparently false layoff claim is some sort of discrimination will you ordinarily be able to make out a claim. Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to harrassment posted May 17, 2005 08:26 AM [EST]
termination claim?
Unless you have some evidence that your termination was discriminatory (based on sex, age, race, disability, etc.), you probably do not have any recourse. You say you have suspicions of discrimination. What is that based on? Are you being replaced by a man? If you do not have a case, there generally is not much of a downside to signing severance papers and taking the money, though that answer might change depending on what the severance papers say.
Please call me to discuss if you would like.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Unjust Termination - Legal Action? posted Apr 29, 2005 09:15 AM [EST]
Unless you have some evidence that your termination was discriminatory (based on sex, age, race, disability, etc.), you probably do not have any recourse. You say you have suspicions of discrimination. What is that based on? Are you being replaced by a man? If you do not have a case, there generally is not much of a downside to signing severance papers and taking the money, though that answer might change depending on what the severance papers say.
Please call me to discuss if you would like.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Unjust Termination - Legal Action? posted Apr 29, 2005 09:15 AM [EST]
point system
You do not have any right to see your employment records in Alabama. Forgetting to inform employees that they are at 12 points is not necessarily illegal, though it could be if the contract system is set out so specifically in writing that it is a contract (this rarely ocurrs, as employers generally use language in such policies giving them discretion). Also, if "forgetting" is used to discriminate based on sex, race, etc., then that could be illegal.
Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Points system woes posted Apr 16, 2005 12:56 PM [EST]
You do not have any right to see your employment records in Alabama. Forgetting to inform employees that they are at 12 points is not necessarily illegal, though it could be if the contract system is set out so specifically in writing that it is a contract (this rarely ocurrs, as employers generally use language in such policies giving them discretion). Also, if "forgetting" is used to discriminate based on sex, race, etc., then that could be illegal.
Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Points system woes posted Apr 16, 2005 12:56 PM [EST]
discrimination both ways
I think the concern here of your employer may be that your use of different terms may be construed as derogatory or intended to express a less-than-friendly attitude. Discrimination does go both ways. Employers generally can't base employment decisions on race, national origin, etc. But it sounds more like your employer is concerned about non-Hispanic employees discriminating against Hispanic than the other way around, which I believe is probably wise. If you are American you are not likely to be referred to as American in any derogatory way. I am not sure the reverse is true. Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Does discrimination go both ways? posted Apr 16, 2005 12:52 PM [EST]
I think the concern here of your employer may be that your use of different terms may be construed as derogatory or intended to express a less-than-friendly attitude. Discrimination does go both ways. Employers generally can't base employment decisions on race, national origin, etc. But it sounds more like your employer is concerned about non-Hispanic employees discriminating against Hispanic than the other way around, which I believe is probably wise. If you are American you are not likely to be referred to as American in any derogatory way. I am not sure the reverse is true. Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Does discrimination go both ways? posted Apr 16, 2005 12:52 PM [EST]
tough situation
It sounds like you have a clear understanding of your situation. If you leave, you certainly can't expect to get the package. If you stay, you could be strung out for way too long. As for question #2, it may not be reasonable for them to string you out, but legally I don't think that makes any difference. I am sorry, but I don't have any real solution for you. You have to decide how to proceed.
Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Severance if I leave? posted Apr 3, 2005 4:26 PM [EST]
It sounds like you have a clear understanding of your situation. If you leave, you certainly can't expect to get the package. If you stay, you could be strung out for way too long. As for question #2, it may not be reasonable for them to string you out, but legally I don't think that makes any difference. I am sorry, but I don't have any real solution for you. You have to decide how to proceed.
Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Severance if I leave? posted Apr 3, 2005 4:26 PM [EST]
non-compete answer
If you did not sign a non-compete, I am not aware of any action the employer can take so long as you are not stealing anything, which I assume is not the issue. In any event, there is no need for a lawyer until the employer takes some action.
Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Non-compete while in the process of leaving the firm posted Feb 9, 2005 07:31 AM [EST]
If you did not sign a non-compete, I am not aware of any action the employer can take so long as you are not stealing anything, which I assume is not the issue. In any event, there is no need for a lawyer until the employer takes some action.
Good luck.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Non-compete while in the process of leaving the firm posted Feb 9, 2005 07:31 AM [EST]
need more information
I would be glad to help, or see if I can, but I need more information, including details on the incident with the other employee and why you think discrimination might be involved (and what kind). Your employer does not have to have a reason to fire you, but it cannot discriminate based on certain categories, like race. It would probably be easiest for you to send me contact information so I can call you, probably on Thursday, as I am out of the office today.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Fired, no reason, maybe discrimination posted Jan 19, 2005 08:54 AM [EST]
I would be glad to help, or see if I can, but I need more information, including details on the incident with the other employee and why you think discrimination might be involved (and what kind). Your employer does not have to have a reason to fire you, but it cannot discriminate based on certain categories, like race. It would probably be easiest for you to send me contact information so I can call you, probably on Thursday, as I am out of the office today.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to Fired, no reason, maybe discrimination posted Jan 19, 2005 08:54 AM [EST]
workplace favoritism
This is a common situation. Technically, favoritism is not the basis for an employment discrimination claim. Alabama is an employment-at-will state, which means employers can generally make employment decisions without a reason or with bad, unfair, and even untruthful reasons. Based on the limited information you have provided, you might have a claim for national origin discrimination, though that would seem to be somewhat unlikely to have actually been the employer's real motivation. You have certainly been treated unfairly and may have been discriminated against. If you believe discrimination was involved, you should contact the EEOC (go to www.eeoc.gov for information) about filing a charge of discrimination. You have 180 days. You should also consider hiring an attorney to assist you.
For more information about your rights generally, go to www.workplacefairness.org. />
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com />
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to workplace favortism posted Oct 9, 2004 08:47 AM [EST]
This is a common situation. Technically, favoritism is not the basis for an employment discrimination claim. Alabama is an employment-at-will state, which means employers can generally make employment decisions without a reason or with bad, unfair, and even untruthful reasons. Based on the limited information you have provided, you might have a claim for national origin discrimination, though that would seem to be somewhat unlikely to have actually been the employer's real motivation. You have certainly been treated unfairly and may have been discriminated against. If you believe discrimination was involved, you should contact the EEOC (go to www.eeoc.gov for information) about filing a charge of discrimination. You have 180 days. You should also consider hiring an attorney to assist you.
For more information about your rights generally, go to www.workplacefairness.org.
Hank
Henry F. Sherrod III
Henry F. Sherrod III, P.C.
P.O. Box 606
Florence, AL 35631-0606
Phone: 256-764-4141
Toll free: 888-764-4141
Toll free fax: 877-684-0802
Email: hsherrod@hiwaay.net
Web: www.alabamacivilrightslawyer.com
Go to www.workplacefairness.org to support fair workplace polices and practices and for information about worker rights.
answer to workplace favortism posted Oct 9, 2004 08:47 AM [EST]
Denied Employability
Covenants not to compete often can be challenged based on their unreasonableness. That there is no geographic restriction gives you a good start. There are many issues raised by your fact pattern. You should contact a local attorney. I believe you may very well be able to successfully challenge the covenant not to compete. You should consult a local attorney.
answer to Denied Employability posted Jul 12, 2001 10:22 PM [EST]
Covenants not to compete often can be challenged based on their unreasonableness. That there is no geographic restriction gives you a good start. There are many issues raised by your fact pattern. You should contact a local attorney. I believe you may very well be able to successfully challenge the covenant not to compete. You should consult a local attorney.
answer to Denied Employability posted Jul 12, 2001 10:22 PM [EST]
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