http://www.undercoverlawyer.com/forum/ Where Employees Find Help for a Hostile Work Environment en Sun, 05 Feb 2012 02:56:06 +0000 http://www.undercoverlawyer.com/forum/topic.php?id=4671#post-40032 Sat, 04 Feb 2012 19:53:19 +0000 littlelulu 40032@http://www.undercoverlawyer.com/forum/ <p>Lawbound, don't worry about your spelling. I am lucky that I can go in and edit my boo-boo's (and believe me, I make them all the time - smile). </p> <p>And check into what suethebastards said about WC. Sue is very lucky to be in a state that allows WC for stress because many states don't cover ANY emotional issues but maybe you are in a state that also allows this (or maybe you are even in the same state). </p> http://www.undercoverlawyer.com/forum/topic.php?id=4674#post-40031 Sat, 04 Feb 2012 19:50:55 +0000 littlelulu 40031@http://www.undercoverlawyer.com/forum/ <p>Thanks for this insightful post, Mav. </p> <p>And really, JD - do you really think any of these ABUSERS even KNOW what a MORAL RESPONSIBILITY is???? Or even what the word MORAL means?!?!?!? </p> http://www.undercoverlawyer.com/forum/topic.php?id=3709#post-40030 Sat, 04 Feb 2012 19:46:23 +0000 littlelulu 40030@http://www.undercoverlawyer.com/forum/ <p>They CAN go back and change those prior days to FMLA as long as your doctor fills out the paperwork correctly. He needs to make sure to put down when the medical conditions first started and that leave is INTERMITTENT so that you can come in late, go home early or not go in at all. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4671#post-40029 Sat, 04 Feb 2012 19:45:44 +0000 suethebastards 40029@http://www.undercoverlawyer.com/forum/ <p>I pay into State Disability, and when I found out I could use it for stress that's all I needed to hear! I would also file a worker's comp. claim. You don't need to put up with the mean people at work. I have been off work for almost 3 months now and I don't want to go back. I don't know where you work, but if you work for a large company you could do a Reasonable Accommodation for them to change the way you do your work, i.e., telecommute, in a private room, etc. Let the laws work for you! </p> http://www.undercoverlawyer.com/forum/topic.php?id=4669#post-40028 Sat, 04 Feb 2012 19:18:51 +0000 littlelulu 40028@http://www.undercoverlawyer.com/forum/ <p>I know. You've been dealing with the physical injury and now you will be dealing with the psychological injury because you are going to be constantly worrying and looking over your shoulder. Just make sure you are documenting all this and try to do any *talking* with your employer via emails so you have more proof of what they are doing to you. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4650#post-40027 Sat, 04 Feb 2012 19:16:20 +0000 littlelulu 40027@http://www.undercoverlawyer.com/forum/ <p>That really pisses me off, beenthere. It's like they don't care so they are just earning ALL attorneys a ROTTEN, LOUSY reputation. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4672#post-40026 Sat, 04 Feb 2012 19:14:55 +0000 littlelulu 40026@http://www.undercoverlawyer.com/forum/ <p>In all actuality, for the most part filing a complaint with a state HRC or the EEOC is just a part of your paper trail and it also shows that YOU did what you could to try to make things better at work. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4671#post-40025 Sat, 04 Feb 2012 18:09:42 +0000 Lawbound 40025@http://www.undercoverlawyer.com/forum/ <p>Little lulu..thanks...I am sorry for a couple of misspellings earlier. I definitely need the time. I am at a fork in the road on how to handle a hostile work environment, and, don't know how to handle it yet. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4674#post-40024 Sat, 04 Feb 2012 16:20:23 +0000 Justice_Denied 40024@http://www.undercoverlawyer.com/forum/ <p>"...individual managers and supervisors who unlawfully harass or discriminate against an employee will no longer be held legally responsible for their actions."</p> <p>Perhaps not 'legally' responsible but what about 'morally' responsible? Incidents of employees going "postal" will likely increase. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4674#post-40023 Sat, 04 Feb 2012 15:53:29 +0000 maverick5511 40023@http://www.undercoverlawyer.com/forum/ <p>February 4, 2012 , by Riggan Law Firm<br /> In the current economy, many discussions center around job creation and economic growth. Unemployment rates are high, both nationally and in the State of Missouri. And many of those who are employed are under-employed. Bi-partisan consensus seems to be calling for ways to put unemployed workers back to work and keep them employed. Yet despite this tense economic climate and job outlook, the Missouri Republican Party seems intent on taking rights away from workers and turning back the clock on decades of progress in the area of civil rights while purporting to make the State of Missouri more "pro-business."</p> <p>These legislative efforts to trample on the rights of workers are currently contained in Missouri Senate Bill 592 and Missouri House Bill 1219. If either bill becomes law, it will alter the Missouri Human Rights Act ("MHRA") and deprive workers of important protections from unlawful job discrimination. </p> <p>The MHRA prohibits employers from making personnel decisions on the basis of race, color, religion, national origin, sex, ancestry, age, or disability. The MHRA also protects employees from harassment based on those same protected factors. These legislative bills propose several changes to the MHRA. First, the bills seeks to change the standard of proof from a "contributing factor" to a "motivating" factor, which when coupled with other proposed legal changes in the bills, would make it more difficult for victimized employees to prove their case and recover damages. This change means that an employer would be allowed to consider a prohibited factor (i.e., race, disability, etc.) in making a personnel decision. Second, the Bill proposes to place an artificially low ceiling on the amount of money an employee can recover, even though there has already been a finding that the employer violated the law. Third, if either bill becomes law in their current form, individual managers and supervisors who unlawfully harass or discriminate against an employee will no longer be held legally responsible for their actions. Finally, for workers who report their employers for violations of law (i.e., "whistleblowers"), the bills make it more difficult for those employees to prove their case, and also impose significant limits on what damages can be recovered.</p> <p>If either of these bills is passed by the Republican-dominated Missouri Senate or Missouri House of Representatives, it would then be up to Governor Jay Nixon to either enact the bill as a law or veto it.</p> <p>This issue of trying to strip away workers' rights has become an annual item on the legislative agenda for the Missouri Republican Party, bill sponsor Senator Brad Lager (who is running for Lieutenant Governor of Missouri), the Missouri Chamber of Commerce, and other conservative groups. These proposed impingements on workers' rights continue to be pressed by certain GOP lawmakers and conservative groups under the guise of making Missouri more business friendly, despite the fact that Missouri consistently ranks high nationally for its business-friendly environment. For example, CNBC ranked Missouri as third in the nation for its low cost of doing business. A similar bill was passed in 2011 by the Missouri legislature, but the bill did not become law because it was vetoed by Governor Nixon. </p> <p>If you are opposed to this erosion of employment discrimination protections, please contact your Missouri State Senator, your member of the Missouri House of Representatives, and/or Governor Nixon and voice your concerns. </p> http://www.undercoverlawyer.com/forum/topic.php?id=3709#post-40022 Sat, 04 Feb 2012 13:12:04 +0000 worried 40022@http://www.undercoverlawyer.com/forum/ <p>How can I get help with fmla? I was written up on my job for using too many call in days. I read what I could find online about fmla and printed out dol forms. I filled out those forms as well as I could. One form covered my health conditions and the other form was for an immediate family member - I had to pick him up from the hospital and missed a day due to this.<br /> I needed my family member's doctor to fill in a few sections, including estimating how many days may be needed. The longest hospital stay he had was for 2 weeks in another state. I had to be there for half of that time. His doctor did not fill in any of the information! He just signed the form.<br /> Now I have recieved a letter and another form that has to be completed. The problem is that I did not know they were sending the form and I did not pick up my mail and now the form is late.<br /> These forms were not completed in time to pick up the last couple of absences because I did not know that I needed to apply for fmla and did not know that fmla would cover these absences. I also did not know about the company policy change to sick days. The policy was changed from a system where you were given points for call in days and points were removed after enough weeks with no call in days. Now the policy allows only 4 call in days per year. That would have been fine when I was younger and did not have the health problems and when my parents were younger and I did not need to do as much for them.<br /> Where can I get help with getting the forms filled out correctly and dealing with all of this? I really do not feel comfortable approaching anyone at work.<br /> Can I start over with the initial request and current forms since none of the already missed days would have been picked up anyway?<br /> Thanks!<br /> worried </p> http://www.undercoverlawyer.com/forum/topic.php?id=4669#post-40021 Sat, 04 Feb 2012 12:04:37 +0000 beenthere 40021@http://www.undercoverlawyer.com/forum/ <p>You are so right, lulu! I am just exhausted: like the fall/injury wasn't enough, w/out termination now "blowing in the wind". </p> http://www.undercoverlawyer.com/forum/topic.php?id=4650#post-40020 Sat, 04 Feb 2012 11:54:36 +0000 beenthere 40020@http://www.undercoverlawyer.com/forum/ <p>I reported my thief-attorney to the bar ethics group for ethics violations &#38; malpractice w/reams of documentation &#38; e-mails as proof. After submitting 'tons' of paperwork/evidence &#38; lengthy interviews, the "impartial" bar attorney rep (a 60-something, 'painted and bleached" old attorney wearing harem pants), found him 'not guilty' &#38; ordered him to pay me back $100. </p> <p>My thief-attorney did not even follow the directive of his peers on the mandate to return the measley $100 to me. </p> <p>After another year went by, I filed another complaint that thief-attorney be sanctioned for failure to return the $100 &#38; requested he add interest. He had the $100 money for 6 yrs &#38; charges his clients 28% interest.</p> <p>The bar "watchdog" again ruled "not guilty", allowed him another 30 days to pay me the $100 &#38; told him he did not owe me interest. </p> <p>Why did I even bother? "I should have known better than to waste my time". </p> http://www.undercoverlawyer.com/forum/topic.php?id=4672#post-40019 Sat, 04 Feb 2012 11:40:14 +0000 giantslor 40019@http://www.undercoverlawyer.com/forum/ <p>Up until now I didn't really know what to expect, but that's kind of what I've gathered from reading posts here. I guess, if nothing else, it's led to some admissions and additional information on their part that I now have in writing. Before the process started, an attorney I consulted told me that the investigation would probably turn up additional information, and he was right. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4657#post-40018 Sat, 04 Feb 2012 11:28:53 +0000 littlelulu 40018@http://www.undercoverlawyer.com/forum/ <p>At some point, there has GOT TO BE ACCOUNTABILITY for these agencies...... </p> http://www.undercoverlawyer.com/forum/topic.php?id=4666#post-40017 Sat, 04 Feb 2012 11:27:37 +0000 littlelulu 40017@http://www.undercoverlawyer.com/forum/ <p>We are a hot tempered, stubborn, warlike lot (smile). </p> http://www.undercoverlawyer.com/forum/topic.php?id=4673#post-40016 Sat, 04 Feb 2012 11:26:57 +0000 littlelulu 40016@http://www.undercoverlawyer.com/forum/ <p>Very true!! </p> http://www.undercoverlawyer.com/forum/topic.php?id=4669#post-40015 Sat, 04 Feb 2012 11:26:31 +0000 littlelulu 40015@http://www.undercoverlawyer.com/forum/ <p>They are going to keep taking advantage of you unless you take legal action against them and frankly, their intent by demoting you is most likely just the beginning of their effort to fire you. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4672#post-40014 Sat, 04 Feb 2012 11:24:38 +0000 littlelulu 40014@http://www.undercoverlawyer.com/forum/ <p>Welcome to the forum, giantslor.</p> <p>Sounds pretty typical of what most of us have gone through. Documentation is CRUCIAL to any legal actions a person is forced to take. It will really prove your case for you. Don't expect an awful lot from your state HRC because most of them are pretty worthless (kinda like the EEOC). </p> http://www.undercoverlawyer.com/forum/topic.php?id=4657#post-40013 Sat, 04 Feb 2012 11:23:32 +0000 Justice_Denied 40013@http://www.undercoverlawyer.com/forum/ <p>Bar Associations and Law Societies whose members are judges and lawyers look after their own with guarded tenacity like a momma bear with her cubs. Approach with great caution! </p> http://www.undercoverlawyer.com/forum/topic.php?id=4666#post-40012 Sat, 04 Feb 2012 11:21:38 +0000 Justice_Denied 40012@http://www.undercoverlawyer.com/forum/ <p>Irish and Jewish judges have done me in the past. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4657#post-40011 Sat, 04 Feb 2012 11:20:50 +0000 littlelulu 40011@http://www.undercoverlawyer.com/forum/ <p>And yet ANOTHER reason why attorneys have such a bad name. Sounds like the Bar Association is as useless as in Canada........ </p> http://www.undercoverlawyer.com/forum/topic.php?id=4670#post-40010 Sat, 04 Feb 2012 11:19:13 +0000 littlelulu 40010@http://www.undercoverlawyer.com/forum/ <p>Thanks for the post, MustardSeed. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4671#post-40009 Sat, 04 Feb 2012 11:15:28 +0000 littlelulu 40009@http://www.undercoverlawyer.com/forum/ <p>Of course you can!! And that would be my suggestion, and I'm sure other members here, since that is what people do when they are having severe health issues and can't get into their regular doctor for whatever reason (he's booked out, it's an evening, holiday or weekend, etc). I knew someone once that was going through HORRIBLE emotional issues due to a marriage breakup and that person was so despondent that he actually checked himself into the psych ward at a local hospital. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4665#post-40008 Sat, 04 Feb 2012 11:13:19 +0000 littlelulu 40008@http://www.undercoverlawyer.com/forum/ <p>You are definitely NOT the only one this is happening to. It's really an epidemic in this country...... </p> http://www.undercoverlawyer.com/forum/topic.php?id=4666#post-40007 Sat, 04 Feb 2012 11:12:26 +0000 littlelulu 40007@http://www.undercoverlawyer.com/forum/ <p>Must be a Catholic (LOL - my Irish ancestors were Protestants and one was a leader of the Orange Irishmen)........ </p> http://www.undercoverlawyer.com/forum/topic.php?id=4673#post-40006 Sat, 04 Feb 2012 10:57:58 +0000 Justice_Denied 40006@http://www.undercoverlawyer.com/forum/ <p>Keys to winning a lawsuit are as follows:</p> <p>(1) Get a sympathetic judge/jury and appellate judges</p> <p>(2) Hard cold evidence</p> <p>(3) Relevant acts, statutes and regulations</p> <p>(4) Applicable case law through using complete search engines and the ability to summarize the pertinent key points </p> http://www.undercoverlawyer.com/forum/topic.php?id=4669#post-40005 Sat, 04 Feb 2012 08:47:25 +0000 beenthere 40005@http://www.undercoverlawyer.com/forum/ <p>Yes, JD: There are 'ambulance-chasers' in abundance here; on every street, almost.<br /> The thought of getting involved w/another "devourer" is worse than the fall, injuries,&#38; demotion. I guess that's how big business "gets over" on decent people. "You dare not trust lawyers" is so right! </p> http://www.undercoverlawyer.com/forum/topic.php?id=4672#post-40004 Sat, 04 Feb 2012 08:46:52 +0000 giantslor 40004@http://www.undercoverlawyer.com/forum/ <p>Hello, I just found this forum yesterday and I can't believe how much helpful information there is here. I feel like my investigation is taking forever, but I've been pretty reluctant to contact anyone at my state's HRC after filing my charge.<br /> I worked for my former employer for 10 years, and they never kept any employment records on me during my time there. My personnel file only contained a ten year old w-2 form... so in their response to my charges, they weren't able to offer any kind of documentation. They claimed that they received verbal complaints about my work, but never told me about them while I worked there. The basis for my dismissal was that I was making complaints about management to my coworkers (but never about the safety issues I raised in my complaint).<br /> I spent a year documenting dates, conversations, getting pictures of jobs that I complained to my supervisor were unsafe, and copying policies from their handbook. So far, their lawyer has submitted two additional rebuttals to the info I presented to the investigator, and I assume this was because they had no idea that I had been documenting.<br /> I feel like by not documenting anything, they've intentionally made it my word against theirs. Has anyone ever heard of anything like this before? </p> http://www.undercoverlawyer.com/forum/topic.php?id=4669#post-40003 Sat, 04 Feb 2012 06:54:41 +0000 Justice_Denied 40003@http://www.undercoverlawyer.com/forum/ <p>Negligence on your employer's part which caused you physical injuries are bread and butter which feed many personal injury attorneys. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4657#post-40002 Sat, 04 Feb 2012 06:52:48 +0000 Justice_Denied 40002@http://www.undercoverlawyer.com/forum/ <p>You have a valid breach of contract case against your former attorney. He caused you to lose your lawsuit. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4657#post-40001 Sat, 04 Feb 2012 06:37:54 +0000 beenthere 40001@http://www.undercoverlawyer.com/forum/ <p>I filed a complaint against my lawyer w/the bar assoc. for failure to subpoena true copies of the oppostion's records; the opposition had altered &#38; falsified documents. I had requested my lawyer to do so specifically,(n writing &#38; verbally) repeatedly &#38; hired him for this purpose. My lawyer churned the case, never subpoenaedbecause of this, the records &#38; lost my case. </p> <p>The bar found him not guilty; but ordered him to return $100.00 to me in 30 days. My lawyer ignored the bar's ruling &#38; never ret'd the measley $100. A year later, I notified the bar that the lawyer failed to return the $100.</p> <p>A week later I rec'd $100. w/out explanation or interest (JD charges 25% interest of his clients). The bar did not reprimand him in any way or answer my questions: just gave him a "pass". </p> <p>Why did I even bother? </p> http://www.undercoverlawyer.com/forum/topic.php?id=4669#post-40000 Sat, 04 Feb 2012 06:27:07 +0000 beenthere 40000@http://www.undercoverlawyer.com/forum/ <p>We are all pretty much living in fear in the workplace: employers blatantly disobey the laws, knowing that the government depts will not enforce them.</p> <p>I was afraid to make an "issue" of my fall due to my employer's negligence; the accident report stated that I fell due to failure of site manager to correct the "lights out" situation on the stairs. </p> <p>I guess my employer is "punishing me" for falling &#38; being injured? Now I am afraid to say anything, for fear of being terminated. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4670#post-39999 Sat, 04 Feb 2012 06:02:20 +0000 Justice_Denied 39999@http://www.undercoverlawyer.com/forum/ <p>"For the reasons stated above, it is better to enter into an amicable settlement agreement."</p> <p>Yes, take your employer's "admit no liability" $2,000 table scraps and chalk up the discrimination complaint as a bad nightmare and try to move on with your life.</p> <p>Discrimination is so awfully difficult to prove. Retaliation is so much easier to prove. You could lose on the discrimination part of your complaint but still win on the retaliation part which pays out much more than the discrimination. Moral of the story: Be patient at work because in time, management with HR's coaching WILL retaliate against you as assuredly as the sun will rise in the east each morning. </p> http://www.undercoverlawyer.com/forum/topic.php?id=4671#post-39998 Fri, 03 Feb 2012 22:24:46 +0000 Lawbound 39998@http://www.undercoverlawyer.com/forum/ <p>little lulu/dist -<br /> I am having some very severe reactions to my boss and some issues at work. If I can not make an appointment with my regular doctor because of some severe reactions to stress, can I go to the ER to get a few days until I see my regular doctor? You were kind enough to answer it before. Thank you again. Oh, one more, what if i decide to take a few weeks of to feel better again? </p>