Answers Posted By Elbridge W. Smith
You have not presented enough facts to answer your question, although it would appear that something has gone wrong. I suggest a more detailed interview is needed, and having you answer a few more specific questions including management knowledge of your disability, if any, and more specifics concerning the actual job -- is there a printed job description/announcement which lists the duties and skills needed? Since my office specializes only in Federal Employment cases we can refer to you a couple of other Hawaii employment lawyer specialists if you call us.
answer to do I have grounds for a case? Do I need a lawyer to do it? posted Feb 26, 2012 02:31 AM [EST]
answer to do I have grounds for a case? Do I need a lawyer to do it? posted Feb 26, 2012 02:31 AM [EST]
Yes, but you should have a lawyer.
answer to Is it ever correct to stop the EEOC investigation process and obtain a right to sue letter? posted Oct 5, 2010 9:13 PM [EST]
answer to Is it ever correct to stop the EEOC investigation process and obtain a right to sue letter? posted Oct 5, 2010 9:13 PM [EST]
Elbridge W. Smith,
SMITH HIMMELMANN,
Attorneys at Law, A Law Corp.,
745 Fort Street, Suite 311,
Honolulu, Hawaii 96813,
phone: 808.523.5050,
fax: 808.538.1382,
http://www.shlaw.us,
Specializing in Representing Federal Employees
answer to Without representation, do I have to speak to opposing counsel? posted Oct 5, 2010 9:06 PM [EST]
SMITH HIMMELMANN,
Attorneys at Law, A Law Corp.,
745 Fort Street, Suite 311,
Honolulu, Hawaii 96813,
phone: 808.523.5050,
fax: 808.538.1382,
http://www.shlaw.us,
Specializing in Representing Federal Employees
answer to Without representation, do I have to speak to opposing counsel? posted Oct 5, 2010 9:06 PM [EST]
Yes, you still need to participate. Court rules require that you follow all the rules and procedures even if you don't have counsel. The Court order and procedures spell out that you need to disclose information and documents, etc. with opposing counsel and they must do the same with you. Just be careful, because opposing counsel in employment discrimination cases is never your friend, no matter how friendly and accommodating s/he sounds. Do get a lawyer. There is a very good list of employment lawyers and their specialty fields listed on the Hawaii NELA (National Employment Lawyers Association) webpage which you can locate and link to from my own webpage (see below) or directly at www.flex.com/~hsc/nela/member.html .Thank you,Elbridge W. SmithSMITH HIMMELMANNAttorneys at Law, A Law Corp.745 Fort Street, Suite 311Honolulu, Hawaii 96813phone: 808.523.5050fax: 808.538.1382Specializing in Representing Federal Employees
answer to Without representation, do I have to speak to opposing counsel? posted Oct 5, 2010 9:03 PM [EST]
answer to Without representation, do I have to speak to opposing counsel? posted Oct 5, 2010 9:03 PM [EST]
Do you have an actual contract or other writing documenting what your commission is, or is this only a "practice."
Try one of the other lawyers listed on the Hawaii NELA attorney referral web-page:
http://www.flex.com/~hsc/nela/member.html
answer to Can my boss take discounts for clients out of my Commission posted Jul 14, 2010 12:45 AM [EST]
Try one of the other lawyers listed on the Hawaii NELA attorney referral web-page:
http://www.flex.com/~hsc/nela/member.html
answer to Can my boss take discounts for clients out of my Commission posted Jul 14, 2010 12:45 AM [EST]
At-will?
Yes, Hawaii is generally at employment at will state, in the private sector. Most schools are public employers however and hire under contract (which is in writing and explains what you are and what rights you have or don't have). It also depends what job you hold and which Dept. may have actually hired you. Such an employment question is not a simple yes or no question.
answer to Is hawaii an employment-at-will state? posted Sep 4, 2003 05:40 AM [EST]
Yes, Hawaii is generally at employment at will state, in the private sector. Most schools are public employers however and hire under contract (which is in writing and explains what you are and what rights you have or don't have). It also depends what job you hold and which Dept. may have actually hired you. Such an employment question is not a simple yes or no question.
answer to Is hawaii an employment-at-will state? posted Sep 4, 2003 05:40 AM [EST]
Trimethylaminuria
Tough question without a fair amount of research and review. To be a disability, a matter need not only be a medical condition, but it must adversely affect a major life activity (per the law and regulations) which are interpreted and decided by the courts (and certain other government agencies). Although Trimethylaminuria seems to have been the subject of quite number of medical studies, it is still fairly rare and it would take some digging to know if any person has previously filed a complaint or action claiming discrimination and obtained such a determination. Maybe someone has to be first. "Unbearable" suggests actual work loss, medical treatment, or some other form of adverse employment action which are generally required to have a claim. Possibly a hostile work environment has developed and there might be legal protection there. It would take a fairly detailed analysis of the actual factual and medical circumstances to be more precise.
answer to bad body odor a disablity or what? posted Oct 25, 2001 04:18 AM [EST]
Tough question without a fair amount of research and review. To be a disability, a matter need not only be a medical condition, but it must adversely affect a major life activity (per the law and regulations) which are interpreted and decided by the courts (and certain other government agencies). Although Trimethylaminuria seems to have been the subject of quite number of medical studies, it is still fairly rare and it would take some digging to know if any person has previously filed a complaint or action claiming discrimination and obtained such a determination. Maybe someone has to be first. "Unbearable" suggests actual work loss, medical treatment, or some other form of adverse employment action which are generally required to have a claim. Possibly a hostile work environment has developed and there might be legal protection there. It would take a fairly detailed analysis of the actual factual and medical circumstances to be more precise.
answer to bad body odor a disablity or what? posted Oct 25, 2001 04:18 AM [EST]
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