Answers Posted By Henry F. (Hank) Sherrod III

Answer to my doctor has extended my medical leave but after 12 weeks of fmla my job terminated I thought if the doctor put you on medical leave after that then you could get fmla

You can only get 12 weeks of FMLA leave. For leave beyond 12 weeks, you can and should request additional leave as a reasonable accommodation for a disability.

posted Dec 4, 2014 1:46 PM [EST]

Answer to What should do when the employer masks information to the EEOC

The more detail you can provide the EEOC investigator the better. The investigator can use the information you provide to request information from your former employer. You should provide the information in writing so that it is more likely to be reflected in the file. This will also make it easier for the investigator to use the information you provide.

Hank

Henry F. Sherrod III, P.C.
119 South Court Street
Florence, Alabama 35630
Phone: 256-764-4141
Toll-free: 888-764-4141
Toll-free fax: 877-684-0802
Web: www.alabamacivilrightslawyer.com

posted Mar 15, 2013 1:29 PM [EST]

Answer to Can a employment lawyer help me if I was falsely accused

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

posted Aug 19, 2009 1:36 PM [EST]

Answer to harrassment

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.

posted May 17, 2005 05:26 AM [EST]

Answer to Unjust Termination - Legal Action?

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.

posted Apr 29, 2005 06:15 AM [EST]

Answer to Points system woes

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.

posted Apr 16, 2005 09:56 AM [EST]

Answer to Does discrimination go both ways?

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.

posted Apr 16, 2005 09:52 AM [EST]

Answer to Severance if I leave?

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.

posted Apr 3, 2005 1:26 PM [EST]

Answer to Non-compete while in the process of leaving the firm

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.

posted Feb 9, 2005 05:31 AM [EST]

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