Employment Law

questions & answers

Question: My friend (USMC vet) walked out of work (pt job) yesterday because they scheduled him for a random twelve hour shift, when he had school and work (ft job) an hour after that pt shift ended. He therefore quit without two weeks notice, I understand that. The following day a group message from management; to all remaining staff was sent. It got out of hand when all three managers at some point talked negatively about his credibility as a man and adult. Being a marine as well, I defended him. It got to the point I don't feel secure in my job and I handed in my uniform. Is the company liable?

Answer: If you feel you were discriminated by your employer you can file a claim with the Department of Labor. Whether or not a company is liable will depend on many different factors. Please consult on attorney to discuss facts specific to your case. Please call our Legal Learn line to see if you qualify for a reduced fee consultation through Modest Means or a free consultation through the Military Assistance Program at (866) 637-5341.

Employment discrimination can be based on national origin, sex, religious, military status and retaliation. "Discrimination on the basis of military status involves denying equal employment opportunity to any person because of that persons past, current or future membership, service or obligation in a uniformed service. An employer must reemploy a person who leaves employment for specified time periods for military deployment, service or training unless the employer can prove a statutory defense. Military status discrimination could take the form of refusing to hire, failing to reemploy, discharging, failing to promote, harassing, or discriminating against a person with respect to any other term, condition or privilege of employment." (http://www.justice.gov/crt/types-employment-discrimination).

QUESTIONS

  • My friend (USMC vet) walked out of work (pt job) yesterday because they scheduled him for a random twelve hour shift, when he had school and work (ft job) an hour after that pt shift ended. He therefore quit without two weeks notice, I understand that. The following day a group message from management; to all remaining staff was sent. It got out of hand when all three managers at some point talked negatively about his credibility as a man and adult. Being a marine as well, I defended him. It got to the point I don't feel secure in my job and I handed in my uniform. Is the company liable?

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