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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=176743625
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Category: Labor and Employment Law
Location: TN
Subject: Do i have a case??
I was recently fired on october 18, 2006 the only reason i was given was quote '' We don't see you working out long term''. I believe this was done in retaliation for filing two workmen comp injuries. The first injury occured around the end of july i had pulled a lower back tendon and was out for three day's. The second injury occured on october 06, 2006 a 75lbs to 100 lbs rock fell on my foot, i also was out for three day's for this injury.I returned to work on october 12 and was let go on october 18. When asking my supervisor and owner that this was the reason they both quickly denied. I also was never properly trained on the equipment and even had to buy my own back brace for my first injury. Also i never had received my ninety day review which came into effect on july 5, 2006.And was told by the owner that my review was purposely held back.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=186461439
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Category: Labor and Employment Law
Location: TN
Subject: Re: Do i have a case??
Arguably, you could file a case against your former employer for a retaliatory discharge due to you previous Worker's Comp claims. The employer would be liable if that was proven true, but the burden of proof will be on you. For $200, I could help you draft a complaint, but you would have to pay court fees and attend the hearings yourself.
See http://michaelguth.com/prose.htm if you are interested.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=984648246
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Category: Sexual Harassment Law
Location: TN
Subject: Multiple coworker harrasment
I work at a restaraunt in Clarksville TN, haven't been there very long at all. I applied and got the job at the suggestion of a good friend of mine who also works there. we have a very close friendship. during the month or so that I have been at this place of work, what started as the occasional crack about my friend and I having some sort of homosexual relationship has degraded into jokes about he and I ''making out'' or other things of that nature on a daily basis. what was funny at first has now become a situation that puts me in an extremely difficult work environment. normally if things had gotten this bad before I would contact my superiors, but in this case, these jokes and comments occur directly in front of my superiors. In Addition, one of the employees is constantly implying that he wants to fight me, asking questions like ''do you think you could take me'' or ''want to try me''
initially I just responded to these comments in good humor,as I did with the gay sex jokes, but since their frequency has increased dramatically and now involves pretty much the entire kitchen staff and management, I am considering legal action. I have asked everyone to stop this behavior multiple times, to no avail. do I have a case here?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=997643382
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Category: Sexual Harassment Law
Location: TN
Subject: Re: Multiple coworker harrasment
Yes, based on the facts alleged here, you have a case. But you will want to bring your action against the company under federal law (Title IX of the Civil Rights Act, I believe) and in federal court. That means you will need a Nashville-based lawyer. A good lawyer knows he can get his atty fees from a civil rights case, but the chances of winning may be slim. Before you go to federal court, you should file a complaint (for free) with the EEOC.
http://michaelguth.com/prose.htm
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=981823709
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Category: Labor and Employment Law
Location: TN
Subject: No paycheck
I left my job on Oct.6,06 and never went back. I haven't recieved my last paycheck for Sept.28 thru Oct.06, 2006. I have left a message for him to send my last paycheck to me. What do I need to do about getting my paycheck from him?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=37426664
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Category: Labor and Employment Law
Location: TN
Subject: Re: No paycheck
Fax your former employer or hand-deliver a letter explaining that you never received your pay for the last two weeks that you worked. Ask him if this is an oversight or did he intentionally withhold your pay. That is all for now. If he writes back that he is not going to pay you, then post another message here or write me directly, and I will tell you the next step.
http://michaelguth.com/prose.htm
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=170086410
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Category: Sexual Harassment Law
Location: TN
Subject: getting sexually harrassed at work,told owners then promoted the guy.
I was working for Tristar in Clarksville, TN. I was getting sexually harrased by a coworker and tried to take care of the issue myself. It didn't work so I talked to my manager. When that did not work I went to the owner, who said he would take care of it. He then started making jokes about it in front of some of my coworkers and making me very uncomfortable. He told me it was all taken care of. He promoted the guy to manager.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=222557677
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Category: Sexual Harassment Law
Location: TN
Subject: sexually harrassed in the workplace
If you complain, you could get fired eventually, although not an immediate retaliatory discharge. Can you find other work in Clarksville? If you want to file a complaint, your next step would be to contact the EEOC (Equal Employment Opp. Commission) probably in Nashville if not in Clarksville and begin the complaint process.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=438052354
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Category: Civil Rights Law
Location: TN
Subject: civil law suits
after a group of employees win a lawsuit against an employer, can a second set of employees sue? or does the first suit prevent or protect the employer from future actions?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=514170772
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Category: Civil Rights Law
Location: TN
Subject: Re: civil law suits
It all depends on the nature of the first lawsuit and what claims are sought in the second lawsuit. http://michaelguth.com/prose/freeadvice.employment2.htm
