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    Discrimination: Re: Racial Promotion Discrimination

    Beth focused on the point which caught my attention. OP, you have worked in the accounting field for 15 years. However, during this period you have not obtained your bachelor’s degree in...
  2. Discrimination: Re: Discriminated Against, Terminated, Threatened

    Assuming that the ninety day window set forth in the Right to Sue Notice has not expired, you will want to consult directly with an attorney to explore whether you have a winnable case. Counsel can...
  3. Application: Re: Have You Been Convicted of a Crime in the Past 7 Years -North Carolina

    If you were “convicted” of a crime on August 25, 2005, then you should answer this seven year question concerning your conviction in the affirmative until August 24, 2012. On or after August 25, you...
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    Restrictive Covenants: Re: Responding to a Cease and Desist Letter

    The threat of litigation takes this matter out of the DIY realm. When you receive a demand letter from an attorney, it behooves you to consult directly with another attorney to review the situation...
  5. Compensation and Overtime: Re: Full Release of All Claims for Unpaid Overtime

    It does not appear you have any legal obligation or practical incentive to sign the release. In addition, if it is subsequently discovered that the employer owes you additional money for improperly...
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    Background Checks: Re: Does Charge(S) Disappear After an Expungement

    No. It does not “disappear” per se.

    When an expungement order is entered, the court directs the clerk’s office and the various agencies (e.g.., law enforcement; motor vehicle) to purge the...
  7. Background Checks: Re: Will a College, University, Etc., Deny Me Employment Even with an Expungement

    Thank you for your gracious compliment!

    OP, you may want to check or ree-check the expungement statute in PA. Without doing the research, I would nonetheless presume that the statute allows the...
  8. Layoffs and Reductions in Force: Re: Using Layoff to Retaliate Filing Complaints Against Direct Supervisor Thru Union

    OP, why do you believe you could pursue your employer in court? Outside of the grievance-arbitration proceedings available under your collective bargaining agreement, what other bases for relief do...
  9. Background Checks: Re: Already Have a Teaching License, but Can I Get Hired

    OP, you probably want to engage your criminal defense counsel to assist you examine the practical implications here. If you can avoid a conviction through a “probation before judgment” program or...
  10. Disabilities and Accommodation: Re: Asked for Reasonable Accomodation; Denied, then Fired Within a Week

    If your former coworker harassed you on a basis (e.g., gender) violative of a law administered by the EEOC (and/or other federal or state agency), then you could file a charge of discrimination...
  11. Getting Fired: Re: a Wrongful Termination

    Based on your post, OP, it appears you should seriously and promptly consider the arbitration option. If you are provided the option of arbitration, at a minimum you can argue to an arbitrator that...
  12. Getting Fired: Re: Can I Sue for Wrongful Termination

    If your “tardies” were related to your serious health condition, you duly requested FMLA accommodation and you had not exceeded the 12 week annual limit under FMLA, then your employer may have...
  13. Discrimination: Re: Forced Religious Participation in the Workplace

    OP, it looks like your former employer may be covered under the state anti-discrimination law. (Based on a very brief, non-exhaustive internet search, it appears the state anti-discrimination law...
  14. Background Checks: Re: Low Level Security Clearance for Private Sector Job That Works W/Govt Agencies

    If you do not have counsel, it would probably be in your best interests to pay the consultation fee and/or pay for an hour or two of research time by a knowledgeable local attorney. Admittedly, the...
  15. Background Checks: Re: Low Level Security Clearance for Private Sector Job That Works W/Govt Agencies

    Again, your best option here appears to be to confer directly with the criminal defense attorney who represented you earlier. He or she is likely “up” on the expungement statute and the court’s...
  16. Background Checks: Re: Low Level Security Clearance for Private Sector Job That Works W/Govt Agencies

    You should consider checking the expungement order. In most, if not all, states which allow for expungement of criminal records, the affected individual can “truthfully” deny the existence of his or...
  17. Background Checks: Re: Why Do Criminal Records Show Up on a Background Check After Expungement

    Not surprisingly, Mr. K is correct. An expungement order has its benefits. Any affected individual who can obtain one should take the steps to have his or her criminal record expunged. However, in...
  18. Getting Fired: Re: Can I Sue for Wrongful Termination

    OP, you curiously stated, “I did have some non-FMLA absences all of which were sick days pertaining to my illness and I have Physician documentation to back those.” I do not readily appreciate why a...
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    Harassment: Re: Fired for Reporting Sexual Harrassment

    Concur with the above responder. Time is of the essence. The limitation period for filing a charge of discrimination with the EEOC in NY is only 300 days.

    Soon after contacting the EEOC (or...
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    Discrimination: Re: Denighed Employment Because Homeless

    Short answer: yes. Neither federal anti-discrimination laws nor most state anti-discrimination laws preclude disparate treatment/employment discrimination against individuals residing in a homeless...
  21. Resignation: Re: Resignation and Effect on Pay and Repaying Relocation

    If you want to avoid repaying the relocation costs, you should endeavor to stick out the next few months with your current employer. In the interim, you can put your job search for a replacement...
  22. Discrimination: Re: What Should an Employee Do in a H.R. Interview of a Discrimination Complaint

    OP, your most recent post is not completely clear (at least to me). Did your “legal counsel” advise your employer of your administrative filings two days prior to the meeting in which you were...
  23. Background Checks: Re: How to Reference A Criminal Charge, Dismissed After Guilty Plea, on a Job Applica

    OP, you will want to confirm that the criminal charges were dismissed pursuant to a diversion program. If they were disposed of in this fashion, you can probably deny the existence of a conviction...
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    Background Checks: Re: Petty Theft and Livescan Background Check

    OP, if you went through a diversion program and then had the underlying charges expunged, then a distinct possibility exists the underlying criminal charges will not be pulled up or otherwise...
  25. Background Checks: Re: Disqualified from Civil Service List for Firefighter for Driving History

    It appears peculiar that three relatively minor traffic incidents would warrant your disqualification of consideration for a firefighter position in Albany, NY. You may want to consult with NY...
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