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Message started by Chris Morrow on Nov 6th, 2009 at 3:23pm

Title: Legal advice
Post by Chris Morrow on Nov 6th, 2009 at 3:23pm
I am in a difficult situation at work after filing a sexual harrassment claim. After filing the claim, I have been written up, denied a raise, given a substandard evaluation, and believe my job is in jepordy. A copy of an email (I was not supposed to see) was left on my desk detailing all of the actions taken by HR and my supervisors as well as the punishment that would be coming to me.

I am a father of five children and do not have much money to spend. However, I would be in a much worse situation losing my job.

If anyone knows someone I could speak with regarding these matters. I would appreciate you passing along a contact to me via PM.

Thanks,

Chris

Title: Re: Legal advice
Post by Martin on Nov 6th, 2009 at 3:30pm
nutty world. sorry Chris. no legal friends in my world; I'd be all over legal-aid or free law resources in your situation.

I'm sure being repremanded as you are is highly illegal, Whisteblower laws and all that.  There is no way a fair court could defend your employers actions, based on what I've heard.

Good luck.  Best wishes, and keep fighting the good fight.

Martin


Title: Re: Legal advice
Post by Brew on Nov 6th, 2009 at 3:38pm
Most lawyers will consult with you the first time for nothing. If they deem that your case has merit, they'll just get paid when they win something for you. I'd look for someone who specializes in labor law.

Title: Re: Legal advice
Post by Chris Morrow on Nov 6th, 2009 at 3:43pm
Brew- All of the labor lawyers around here want $250 for the consultation.....Just finding it hard to spend that much when I thing my job will be terminated soon.

Chris

Title: Re: Legal advice
Post by Brew on Nov 6th, 2009 at 4:04pm

Chris Morrow wrote on Nov 6th, 2009 at 3:43pm:
Brew- All of the labor lawyers around here want $250 for the consultation.....Just finding it hard to spend that much when I thing my job will be terminated soon.

Chris

Bastards. Maybe find a non-labor lawyer who will consult initially for free, then let them be the one to contact a specialist. I'm just thinking out of my @$$ here - certainly not an expert in the field.

Title: Re: Legal advice
Post by deltadarlin on Nov 6th, 2009 at 5:32pm
Actually, Chris, you really don't need an attorney who specializes in labor law (they're nice, but not necessarily needed).  Any decent attorney should be able to help you out.  In the meantime, document EVERYTHING.  If need be, carry a small voice activated tape recorder and tape every conversation.

If I were you, I would also contact the Labor Board.
Here is the link for the NLRB.

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Carolyn

Title: Re: Legal advice
Post by Chris Morrow on Nov 6th, 2009 at 6:00pm
Thanks Delta- I am in contact with the EEOC right now, but the process takes a long time. I, also, need specific legal advise regarding a key piece of evidence that is in my posession.

Title: Re: Legal advice
Post by Callico on Nov 6th, 2009 at 6:32pm
As Carolyn said, document everything.  Take notes of what was said by whom and when, even if you cannot record it.  That way when the time comes you have documentation that may not be admissible in its own right, but can be used in cross examination of witnesses.  I'll drop a note to my sister in law who lives there in Asheville and see if she knows of anyone. 

Jerry

Title: Re: Legal advice
Post by Lobster on Nov 7th, 2009 at 2:03am
Note that if you record someone without their knowledge in most states you will instantly be out of a job and will get to spend a few weeks in the pokey.

Title: Re: Legal advice
Post by deltadarlin on Nov 7th, 2009 at 9:53am

Lobster wrote on Nov 7th, 2009 at 2:03am:
Note that if you record someone without their knowledge in most states you will instantly be out of a job and will get to spend a few weeks in the pokey.



I do believe you are mistaken in your assumption of the law.  In some states, yes, but not in all states (I had to research this because of problems that I was having with tech support with my company).

Chris,
North Carolina is a *one party consent* state, meaning that you can record any conversation, whether it be telephone or in person.

North Carolina's wiretapping law is a "one-party consent" law. North Carolina makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. N.C. Gen. Stat. § 15A-287. Thus, if you operate in North Carolina, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance.

Title: Re: Legal advice
Post by BMoneeTheMoneeMan on Nov 8th, 2009 at 3:18am
It is a difficult case, which is why the atty wants $250 consultation.
It will be difficult to prove the company has these write ups and bad evaluations DUE to your lawsuit.  You should consult with your state Labor & Industry or Wage & Hour agencies.  They can help you.

Did you have an atty for the sexual harassment suit?  Will they take this case too?

Title: Re: Legal advice
Post by deltadarlin on Nov 8th, 2009 at 3:05pm
I'm going to argue with you too Brian.  If Chris has laid out the facts correctly, it's not going to be that difficult for him to prove that all this occured *after* the filed the complaint (if he has a good employment history, and all these things started happening after the fact).  Now, the problem is, once his employer finds out he's contacted an attorney, if North Carolina is a right to hire/right to fire state, he can be terminated without cause (stupid yes, but a real threat).

Also, most labor attorneys charge at least $200 or above for a consultation.  Unless he has actually had a chance to present his case to the attorney's, they can't determine if his case is difficult or not.

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