Can my employer lie in their position statement?
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- เผยแพร่เมื่อ 23 ม.ค. 2022
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I just received their Position Statement today. I thought I'd be able to navigate this without counsel, but their statement is absolutely riddled with lies and inaccuracies. They attempt to defame me based on complete and total fabrication. I'm at such a loss.
I always recommend counsel, experienced employment counsel can help so much.
@@JobAttorneyIs there a statute of limitations to file a charge of retaliation against an employer, if you've filed a discrimination charge against the employer several years before?
To begin, I enjoy watching your videos. Long story short. I have a long history working at Walmart. Back in 2022, I gave a notice to the store manager. In 2023, I got rehired as a temporary remodel associate. During that time, I had to take a leave of absence because of ptsd. My doctor completed the paperwork several days later. Following that, I uploaded all documents to Sedgwick. However, later I heard Walmart doesn’t approve leaves of absences for temporary associates. If this is true, then they shouldn’t have approved it, along with Sedgwick. When I returned to work on June 12th, the tension in the room was thick. During roll call, he never mentioned my name. He then asked, did I miss anyone? I said, yes. He then had a strange expression. That alone revealed something was amiss. Minutes later, he said, the store manager had ordered him to end my employment.
The following morning, I called to speak to the store manager. When I asked if my termination had anything to do with taking a leave, she said no. She then said there were too many workers, so she had to let a lot of them go. That made no sense because I saw unfamiliar faces on the overnight crew. I then asked if I could get rehired. She said, no, you cannot work at my store. Work at another Walmart. I couldn’t believe what she said. So, I hired an attorney and uploaded all documents to EEOC. Currently, their position statement reads I would leave my work area. They lied about everything. Every night, the boss signed a mod sheet to confirm I completed the job. During my recent Zoom with my attorney, she said there aren't a lot of damages. And that my case isn't worth a million. Actually, I am not looking to collect a million. I just want compensation for last wages and hopefully front pay. We aren't writing a position statement. Instead, will go to mediation. Could you please provide some information about my situation? Thank you.
The lighting makes it look like a horror movie...hmmm...employment issues...horror movie...same thing i guess.....so, you're good! 😂😂
I’m all over this channel. Waiting for my previous employer, Amazon, to agree to mediation. Are you aware that you exclusively use rebuttal in the way it’s commonly misused?
@@slings sure. rebuttal is the noun. rebut is the verb.
Thank you so very much for your help. I look forward to speaking with you tomorrow for my scheduled consultation.
Love the video and information, keep ‘em coming!
Another great video with great content. Thanks Vincent.
Lol you are great the lights may not work but you can still see your beautiful smile:) good advice as always ❤️
@@PredatoryTeeth awesome ty I just like learning new things about the law with these videos and Vincent is awesome person who I enjoy watching I look this other guy up ;)
@@PredatoryTeeth yes I agree
@@PredatoryTeeth very true u always make me feel better
What if an ex employer Lied about 4 or more Topics within the position statement and there is Evidence proving they Lied about a lot of stuff especially having evidence proving everything they said is a lie. Would you agree their lawyer is gonna wanna settle really quickly? I was wondering if it was like perjury so appreciate this video!
Great video.
Prose Just wrote rebuttal to PS that was full of lies. thanks for the tip about pulling the case. Back to court!
this is more helpful than you know.
My sisters position statement was extremely broad. It was only 1 page. They also lied on it. Why would they not submit specifics/proof as to why she was terminated? Is this normal?
Great video! Charge filed in 2019 still being investigated. Not only did the employer make several false accusations in the position statement, all the evidence they submitted with the position statement has been removed due to "Condfidentiality". Nothing was confidential and now all 50+ pages are gone and only the position statement is still in the portal. Why did eeoc allow them to remove all the evidence when it wasn't confidential and it was evidence proving their violations?
That I don't know, I don't know enough about your situation.
@@JobAttorney Understandable, I requested to remove witness statements in order to protect my coworkers. I was told nothing can be removed from the portal. The employer was allowed to remove everything except their position statement. They even removed copies of company policy and procedure. That isn't confidential? I worked with blood and urine??? Took the investigator 6 months to talk to two witnesses. One of my witnesses has died during this 3 year waiting period.
@@khaniesue I’m glad you are posting your experiences. It just proves that the EEOC is a big waste of time . They side with employers and the scum profit driven people we work with are protected and are never held accountable for their lies and work place abuse. Just flip the script if you are still employed, use them for your paycheck and when you are done bid them farewell. It’s all too much to go thru.
Why aren’t they punished for lying to the government
Dam good question EEOC judge's lied to Congress about my case
They will move for summary judgement before they allow their lie to be exposed before a jury
After filing a charge with the EEOC and reporting my boss to the superintendent, I was fired for calling out of work 38 weeks pregnant with a dr note. Here is my issue! I was a contracted employee treated as a w2 employee. I informed the EEOC of this in my interview but they said no could still proceed with the complaint
They said you could or could not proceed?
@@JobAttorney they proceeded to file my charge but now I’m my employers position statement they are arguing I have no grounds to file a change because I was not a real employee. Also stated that I was terminated for missing a “mandatory” meeting.
Everybody works not everybody wins
(sigh)
Thanks for the video. It was really helpful.
What happens if the employer lie in the ROI and on their affidavit? My employer and I both filed for summary judgment. I rebuttal their summary judgment pointing out their lies with witness statements, the company policies rules and regulations, text messages they sent me and also documents they mailed to me.
The Agency replied to my motion but didn't dispute and of my claims. Retaliation, racial discrimination, disability discrimination and harassment. I had an Attorney but couldn't afford to pay him through summary judgment phase so he told the AJ he's withdrawing from my case.
If the employer can be conclusively proven to have lied in a sworn statement, the Judge or AJ or ALJ could impose repercussions.
@@JobAttorney thank you
Hi Vince, appreciate your videos. Please don't use my name if you read my comment. I'm wondering if you can offer some hope and encouragement to people going through employment discrimination. In my case, I'm a guy, and another guy at my job sexually harassed me for a while. He was vicious. It was a living hell. The eventual HR investigation was a travesty of one, atrocious, and covered it all up. It was an indignity to cooperate with this lie of an investigation. I don't even want to get more specific than that.
What hope is there for people who go through this? That they won't be straight jacketed into silence, as I was?
I duel filed against my recent employer with OSHA whistle Blower Act, and with the Labor Commission State for Defamation of Character, harassment, discrimination, racial discrimination, hostile work environment, and I have direct proof of employer lying to OSHA compliance officer, obstruction of emergency fire exits, blocking view of fire extinguisher, etc etc I just have a problem finding an attorney in the state of Utah due to Utah attorneys being am Employer State
I file with my own hand writting a rebuttal letter....simple,with all evidence pics,screen shots,dates and a list of all employees younger and non hispanic the came after me and got the position...plus a copy of the schedule to proff it.....tha was on jun 2023....silence after that...wha shohld i do next?
Get a video ring light! you'll look great!
Does the same ALJ handle every case involving the same parties like in family court? If they do, do they review all of your cases and complaints or are they limited to single case files? If they are not limited to a single case file of the parties, in your experience do they review/take into consideration past and current files/complaints brought forth from or against either party? I.e. complaints involving the same employer, but different employees bringing similar allegations (where there is smoke there is fire theory) Or is everything separate for each and every case with no access to any other complaints current or past?
And yes I realize other complaints are not admissible, I am just asking about accessible
Yes my former employer lied on the permission statement and my investor has yet seen it Evan though I brought evidence forward in my EEOC matter what should I do if I am 86 days in to the investigation this is due to a retaliation case I have that is ongoing
What do you do if you have evidence of the employer lies and tried to have your legal representative acknowledge it. But then he chooses not to represent you. Do to the amount we could have won. Wouldn't cover his services. Although it was originally supposed to be no payment untill we have won.
Hi Vincent - I just completed a charge against my previous employer for retaliation and also for discrimination (age, disability, National origin, and I’m gay). Does having multiple charges increase the amount of settlement? Is each charge separate for settlement at this stage and if so be at trial?
Depends on what the charges are for unfortunately.
What if you were falsely accused of harassment and can prove you didn't do it what happens then
My ex employer just lied on theirs, said I never made any complaints but i have txt message proof that I did to my manager, why they would lie about this is beyond me, the manager knows she has text messages but probably doesn’t want to land themselves in hot water.. I have a question, is reporting sexual harassment to your manager putting the company on notice? Thank you
Any/all reports are
Does your camera have an aperture feature? Your aperture might be to small and needs to be opened more.
Yes, you are absolutely correct. Happily I don't have to film in that spot anymore.
Can an employer add to their position statement days or months after they’re initial position statement?
Some agencies and investigators will allow them to amend their position statement, but you should be afforded an opportunity to respond via an additional rebuttal.
I just had my lawyer mail the first letter that I am suing for harassment. I walked off the job then made the call. What can I expect to happen next. What if he wants to seek physical damage to my cat while I’m sleeping or stalk me now
What if one is bound by arbitration?
That's a complex question, the lay of the land as related to mandatory arbitration has changed recently as per a new Federal law. I made a video about that on this channel that I hope may be helpful.
Do you take cases in Texas?
We handle workplace discrimination and workplace sexual harassment in Texas in the Federal Equal Employment Opportunities Commission.
How long after rebuttal of position statement does the EEOC take to make a decision
Quickest I have ever seen was 2 weeks, longest was 4 and a half years. Generally the case will wrap up within 9 months though.
@@JobAttorney thanks so much … I sent rebuttal to position statement on the 17th I hope it only takes two weeks for ruling lol. I’m not sure the Eeoc process on decisions… whether it’s just the investigator’s decision or if it’s a group of people … thanks for your content
What if employer is lying but you can't prove it because it's his word against yours?
Then you need to express your narrative as clearly and convincingly as possible and hope that the Judge, jury or arbitrator believes your story and not your employer's.
@@JobAttorney Appreciate it.
Can you force an employer to provide Word document creation dates to prove a timeline of events?
@@elles2605 In a litigation, you will often utilize forensic IT experts for things like this. But I guess you could ask for creation dates. I just worry they would be easily faked.
So if the employer lied and won arbitration against the employee, can the employee use that against the employer at the federal or state level? Thanks
Not sure I understand, in this hypothetical we can prove the employer lied under oath during the arbitration?
@@JobAttorney can you point out or prove at the next level that the employer lied in order to help get the decision against the employee? Can you point it out at the next level or is that lie buried with the arbitrator decision? Hypothetically
@@BO-2016 You'll need to check with local counsel, but generally if you attended a binding arbitration then you may be bound by the arbitration if they decided against you. You may have options to appeal the arbitrator's decision however.
Vincie, love your channel and I love you. Thanks for what You're doing here. You've helped me so much. And, it doesn't hurt that you're cute too. So, when I say this please know I say this with love. K? K. We can see those on your neck. Hope it was good. 😂
Could you represent me
You probably have auto exposure(or something of the like) on your camera. Turn it off
I will look into this, thank you.
Update : Everything is going sour . My attorneys are now folding and want me to settle for meer pennies because the harrasser was terminated even though I was terminated just after I made the report. My attorney is saying it shouldn't go any further due to fact I had a no call no show the prior month that they can use against me .
I am sorry, if it helps I am hoping for good things for you. It's not over yet.
Don’t let a lazy attorney minimize your case. I have seen this before they want to get rid of you for some money so they can take on two or three more clients and piss on you. Don’t do it. Just because somebody was fired just afterward doesn’t make the employer on accountable. Do you have a bad attorney? Trust your gut you wouldn’t be writing here if you weren’t knowing that this is bull hang in there and make demands. A simple no about what they’re suggesting they’ll tell you anything in order to do what’s best for them and only them! Don’t give in. you’ll regret it.
I wish I would have googled you first. Ugh.