Need help finding an attorney.

2,182 Views | 22 Replies | Last: 18 days ago by OldArmyCT
JAW3336
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I don't know the best place to ask this, but I am needing a spitfire attorney to sue my wife's employer.

I want a real killer. Someone who can think outside the box. We are in the Austin area, but the attorney doesn't need to be local.

Thanks so much.
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Stive
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Yeah you're going to have to give way more detail than that before the recommendation will make sense.

Breach of contract? Sexual harassment? Discrimination? Theft? Wrongful termination? Assault?
JAW3336
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The College, is using Texas Senate bill SB2615 to require her to work on campus. She is not a telework employee, she is a faculty member with a role of online manager. She informally applied for an exception to continue working from home due to a special needs child requiring care and was denied on the basis of childcare is not a reason to telework. Several of her coworkers have been granted exceptions due to pregnancy and personal medical issues so far. When she was hired for this position it was never an on campus position or requirement. We live an hour from campus, and the 3 that have received exceptions that we know of live outside of state. One is pregnant, one has unknown medical.issues, amd one has a bad knee. We spoke to the senator that wrote the bill and it does not impact her position.

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Stive
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Does she have a contract?
JAW3336
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Yes but it is expiring at the end of September.

We have been told by a former chancellor that they will cave to a lawsuit.
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Sims
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In other words, none of the above.
Aglaw97
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JAW3336 said:

The College, is using Texas Senate bill SB2615 to require her to work on campus. She is not a telework employee, she is a faculty member with a role of online manager. She informally applied for an exception to continue working from home due to a special needs child requiring care and was denied on the basis of childcare is not a reason to telework. Several of her coworkers have been granted exceptions due to pregnancy and personal medical issues so far. When she was hired for this position it was never an on campus position or requirement. We live an hour from campus, and the 3 that have received exceptions that we know of live outside of state. One is pregnant, one has unknown medical.issues, amd one has a bad knee. We spoke to the senator that wrote the bill and it does not impact her position.



Both of these reasons would legally be protected requiring reasonable accommodations (of which working from home often is one). If your wife doesn't have a medical or other need, and sounds like she is an employee at will, it may suck but the employer can dictate what they want. You can hire a lawyer to sue and go for a nuisance/cost of defense settlement, but you better have some good facts to scare the insurance company into giving you something anywhere near 6 figures.
JAW3336
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So if your knee hurts and a doctor writes a note saying you have a bad knee. Your employer has to let you work from home?
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Aglaw97
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JAW3336 said:

So if your knee hurts and a doctor writes a note saying you have a bad knee. Your employer has to let you work from home?


It's not that simple. If you have a disease causing the knee sure, then maybe. If it's just knee pain, then you take PTO.


Under the law, if your wife is an employee at will and the employer can make the case that the job requirement now requires an employee be in the office, then they have the right to demand your wife be in the office or lose her job.
JAW3336
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That's the problem here, they gave an exception to someone who just has a bad knee. No disease.

Being pregnant allows you to work from home?
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Captain Winky
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Not trying to make light of having a special needs child, but you're asking to work from home to take care of another individual. If you're an employer, why would you approve something that would actively distract and not allow your employee to do the work they are being paid for.

Your examples of others getting an exemption are not all comparable to what your wife is requesting.
Troy91
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Talk to an attorney.

I am not your attorney. Based upon my understanding of employment law and the limited facts that you shared, you would struggle to win a lawsuit.

Employers are given broad discretion on implementing employment decisions in the absence of a protected event. Comparing a decision for your wife with the limited facts that you have about another employee is wrought with peril.

You need to get with an attorney who can review all of the facts and provide you sound advice on your next steps.
Texag5324
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OP, I agree with everyone else, your wife is unlikely to win this case, and you will likely spend lots of money on legal fees trying to fight this. We live in an at will state, and companies can enforce rules for employees as long as its not discriminatory.
JAW3336
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I appreciate everyone's input. I understand we are grasping here.
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LMCane
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JAW3336 said:

I appreciate everyone's input. I understand we are grasping here.

if you are suing in Austin for jurisdictional reasons you should have an Austin attorney
MAS444
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Quote:

Quote:

JAW3336 said:
I appreciate everyone's input. I understand we are grasping here.


if you are suing in Austin for jurisdictional reasons you should have an Austin attorney

Not necessarily true at all.

And the idea that just sue em and "they'll cave" is usually BS.
KingofHazor
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In addition to the advice given above, an attorney who can think outside the box is not the same thing as a "spitfire" attorney or "a real killer".

From my experience when I was practicing, most of those "spitfire" and "killer" attorneys were extraordinarily ineffective and simply drove up their client's fees and expenses.

You need an effective attorney rather than a "spitfire" or "killer".

And, as others above have posted, I am not your attorney, and you definitely need to consult with one.
Greendale 87
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Sorry to hear OP. Sad fact of the matter is the other work-from-home exceptions sound like the employees have a disability and authorization for remote work is likely an "accommodation" per the ADA (American's with Disability Act). That doesn't cover an employee caring for a family member with a disability.

Not saying it's fair, but it's the law....
OldArmyCT
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I'll be surprised if your wife's contract is renewed in September.
JAW3336
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They have already sent her a letter of intent to renew it.
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Stive
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JAW3336 said:

They have already sent her a letter of intent to renew it.

File a lawsuit and see if "intent" doesn't get adjusted.
Captain Winky
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OP also may not have all the facts about what those other individuals submitted for their exemptions. I doubt having a bad knee was the actual reason that was submitted and approved.
OldArmyCT
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The best way to ascertain your worth to your employer is to give notice.
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