What if your employer lies during discovery? What about a lie in the Defendant's answer?
HTML-код
- Опубликовано: 30 сен 2024
- I do track the comments on these videos and I try to respond within 24 hours so please feel free to reach out but be careful not to share identifying information about yourself on this publicly viewable forum.
Consider hitting the like and subscribe buttons or even just commenting down below, doing so helps me to help more people just like you.
You can obtain additional information about our firm here: www.NYCJobAtto...
You can see our cases in the press here: www.nycjobatto...
And you can find us on facebook here: / nycjobattorney
Everybody works - but not everybody wins.
Some jurisdictions may consider this attorney advertising, although advertising is not the intent of these videos.
If you have a question about employment law, workplace discrimination or sexual harassment please do not hesitate to contact us. We will try to craft a video response for you, or where more appropriate we are happy to have a private conversation.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.
It depends on who it is lying under people can get away with lying under road. I’ve seen it and look at the hearings with President Trump with Fawnie, so there’s two that I know they got away with lying under oath.
Even with known text & email evidence, my former employer still denied responsibility of female discrimination after I filed with the EEOC. Now, the case has been turned over to the investigation unit within the EEOC.
Good luck Kimberly! I have a similar situation with Div of Human Rights, I should hear any day now if I’m awarded a hearing 👍
Good luck! I finally got out of the investigation part of EEOC and received my right to sue letter. I just found out it's going to trial 😮
It's a long, hard, disheartening road, BUT it sure feels good to know I stood up for myself and the well.....scared the crap out of the guys I'm going after.
You can do it! Stay strong! 💪💪💪
So if they lied in the answer to the complaint can't you just ask the judge for summary Judgement? What's the point of going through the whole process if they already denied the allegations and it's proving with audio evidence to keep going on with the litigation process.
Sad about being under oath ! I’ve seen this first hand ! It’s true ! Great video tho !
You think 🤔 the Amish lie? My husband just left their pellet company because they laid him off then call him back, and give him a job that he can't do and they know it there more to the story they did this to my son to,
Hi Vince. You make the world a better place. I have an audio recording and transcript of my former employer's witness lying under my oath at an unemployment hearing. How useful is this information in terms of writing an unemployment related appellant brief before my local court of common pleas? How useful is it also for my current EEOC complaint?
Really depends on what is said in the recording and the nature of the lie.
I had to file pro se after EEOC found no probable cause because my evidence is on the companies computer for a disability discrimination claim,i have a RTS ,in the companies deposition HR admitted speaking to me ,but lied about what we talked about. I now have my court fees waived and have filed and will have access to discovery since everything was on litigation hold, and the evidence on that HR call alone will open the case wide open, do you think they will settle or fight?
so how long can you wait to give the audio recording? can you let them be deposed and lie away then submit the audio recording to the other side during discovery or somewhat before trial essentially "trapping" them? can they be impeached and not even testify at trial?
My question is what can I do about a former employer getting dates wrong and losing an unemployment hearing and now are fighting it saying they got confused due to the fact it was an over night shift? They also have a witness who is not being honest and I believe their lawyer coached her on what to say after reading my friend’s complaint.
Live in Florida used to work for company in ILI resing what can I do to get pay last 2 paycheck ??? Company doesn't want to paying
Contact your State's department of labor. Most State DOLs will help you collect unpaid wages and charge you nothing.
Thanks for your information and God bless you But I already talk and been told that they only will get me $ 7.50 hrs the minimum wage I'm 1099 CDL A company driver get in pay 0 .70 cent per miles company owe me the amount of $3197.60 2 weeks work OTR and don't know how much I will get true DOL
@@joseirizarry2077 You could always consider suing them in small claims if that is available to you where you are.
Embarrassing arrested in front of people and knowing was the evil malicious acts on victim. So much for your time 1h
that's sounds like my employer lmfao I'm lying but I have text video audio proof 🤣 😂 💀
the company lied is the position statement but I have many audio records of them saying diffrent. What you think?
@@patescortez88 sad to say but the system doesn’t care best to get it before a federal court
What if the employer say they have no witnesses what happens then with BOLI investigation
Hi! Sooooo glad I found your channel. I have upcoming wrongful termination/retaliation/discrimination mediation on June 5th, with multiple defendants (county hospital/county and my ex employer). I have been waiting for mediation since December when my attorneys called telling me the defendants wanted to mediate. I was excited until finding out it would take 6 months for the actual date, but was told by my attorneys the mediator is one of the best in the state of California (retired employment defense trial attorney ). I have been waiting for this for months. I have so much direct evidence (video recordings where I alerted management I was recording-they laughed and didn’t care, emails, text messages, schedule proving job assignment comparisons, as well as the manager admitting of racial disparities being “the culture”, and so much more). When my attorney team reached out to me in Sept they advised that both defendants wanted mediation without doing any discovery and stated they feel they have enough evidence to go to bat in mediation. I’m so nervous, and just want to know if mediation before discovery is a good thing? The defendants asked for a motion to stay discovery until after mediation. I’m praying this is a good sign for me, and I do trust my attorneys. It just feels good to have reassurance from someone as skilled as you. Thank you for your time🎉!
Sounds like my hospital job in Indiana, admitting to culture issues. If your lawyer took it he pretty confident he can beat it
How did the mediation go?
Hello , do you assist people in different states ?
We handle workplace discrimination and sexual harassment claims in all 50 states, but your local options will always be cheaper than our firm. Your local options don't have to fly attorneys around the country and put them up in hotels.
Thank you so much for your reply , I also left a message on one of your video for a work related situation can you please comment back to give feed back thanks
@@JobAttorney
Practice in all 50 states.
Can't you Zoom?
@@songsalon7868 Depends on the Court system and Judge. Sometimes yes, sometimes no.
Attorney White. I live in lahaian. All the lawyers here are doing fire ligation. My employer lied at appeal hearing and my subpena to prove the lies where all deny. So now im filing a motion to leave 2nd circuit to submit the evidence now that he lied about everything. And i have alot of proof alot of proof
Its 24 statements, twxt messages, plus etc , willl thjs be enough to have me benefits reversed. Im in way over here. Next step is a briefing and homeless and broke. No lawyer here has any time for me . Any adicve or opinion would greatly appreciated
I’ve asked my employer and my union for for over 5 years if there’s any way I can make full time I just found out that I could’ve made full time and they both have lied I am the highest part timer and have not been rewarded the full time position because my employer doesn’t want full time dock workers. But like I said I just found out they were supposed to make me full time in a union contract. Can I sue my employer for lying and keeping me from progressing and making more money.
Your union should be able to take action on your behalf. If they won't, you may want to look into filing with the NLRB.
I have a question I believe I was discriminated against based of me being on disability after putting in a application. I had talked to the manager a few days later at the store that I had finished my application. I also mentioned that I am on disability the manager said that's fine I'll talk to the hiring manager. I have not heard back since mentioning I was on disability. Is this an act of discrimination? Or is this even legal?
If they refused to hire you because of your disability then yes, that could certainly be a disability discrimination claim.
What if the company provided a statement of a supervisor you reported to directly that he was discriminating against you and 3 days latter he fabricated lies about you to try and get you fired and the company actually terminated the manager for retaliation but claim during the EEOC investigation that his lies was actually valid statements even though it was already proven with evidence to them and he was actually fired for his actions. Asking for a friend with out an attorney at this time and a right to sue letter and at this point forced to file pro ce? Thanks so many questions and trying watch all videos to learn as much as possible.
File pro se most federal circuit courts have a pro se office that can advise you on how to file.
Up yours
Hi im not sure if its relevant as im in Australia but i had an accident at work my employer didnt get me to go to the mine site medic or do any investigation, around 14 days later at the docs i was asked the date of accident i didnt know, but my work health and safety rep was with me and we agree about the 21st of july 2020 3.5 years later in discovery my supervisor made a staement saying yest the acident happened on that day and that day turns out to be day shift well my accident was on nightshift. i have no supporting docs to prove it and work falsely filled out a machine prestart putting me in the machine on that day. the lies are really beyond belief is this common.??
I'm so happy I found your page!!! I have a question.
If one is taking legal action against their ex-employer for wrongful termination (discrimination) and the employer lies to the Dept of Labor so the ex-employee doesn't receive unemployment benefits. During the appeal hearing while under oath the ex-employer lies, contradicts, and unknowingly admits to their actions (however, the ex-employee actually wins the appeal and backpays the ex-employee) How big of an impact does the Dept of Labor ruling have on the case? Can this be used in court if the suit doesn't settle during the discovery? Would the ex-employer actions be considered perjury?
Yes! I actually have a video on the channel I think about this. What you want to do is get the transcript or recording of that unemployment hearing. That will be useful as evidence, your attorney could potentially confront the employer's witnesses with their prior testimony and harm their credibility.
Thanks
But what if the audio recording is made in a two-party state? Can or should the audio recording be used? Presumably the recording was not made with the consent of the other party, so are you setting yourself up for legal action by using it?
I'll make you a video on this
As long as your recording from a state with one way consent you can record the audio.
Can you do an updated video on the intersection of the updated NLRA law regarding employees recording in the workplace? And the impacts on the legality of an average employee recording meeting with mgr?
I have a question about case strategy- I recently had an employment discrimination complaint served against my employer, a city government. Local Human Relations Commission is managing the case, they're taking a neutral position at the moment, so they won't advise me on this. My employer supplied a false statement (they lied) in a few answers to the complaint. Mind you, not just a denial of an allegation, but a false statement about something they said I did, which I did not do. I have an audio recording in the form of a cellphone voicemail from my employer providing me with absolute evidence of my employers false statement. Even without this recording, I pretty much obliterated my employers defense against the allegations. Should I sit on this juicy piece of incriminating evidence until trial, and totally catch them in a lie, or is it best to reveal it in my rebuttal and cast doubt on my employers credibility right from jump street? Should I consult an employment attorney before I serve my rebuttal? I don't live far from NYC, do you handle cases in neighboring states? Maybe a reference? Thanks for any advice.
We handle EEOC matters in all 50 states, but we only handle State and local agencies in NY, NJ, NH and CT
Consider blowing them up in the rebuttal if you have a solid demand out there, may make them panic and take you up on it.
@@JobAttorneya company lied about rescinding my job offer and subsequently gave the real reason I knew they lied about, but also slandered me, to the EEOC after I made a complaint. It has taken 2 years but received a cause finding letter of determination and request to enter conciliation. I could not find pro bono or even contingent help and was on my own. I know I have been blackballed as well, can't get a job in my profession with two higher degrees, so couldn't afford an atty. Barely keeping out of foreclosure and the physical and emotional toll has been too steep. Actually gave up but the EEOC kept investigating, now I am not as prepared as I should have been.
Prejudice my brain focus of
I was called into medical to do a drug screen and notified earlier that day however I took the screening and cleared medical. The company has two weeks to retest you if an error occurred my company never notified me at all if anything such occurred happened with my previous test. I was pulled unexpectedly from my lunch break for a retest a month later outside policy time frame because the medical lady claims my urine that was transported leaked in transit and they couldn’t sample it when I clearly seen her close it shut seal it and put tape around the container. I was retested because of company errors can I raise legal issues behind this?
Seems like a movie unbelievable
Already labeled my ass
Credibility.
Lmfao
On 5th
Thank you for this,
I have a question. I was fired from my job after turning in doctor's order for light work. Employer fired me and I filed workers comp claim. Work comp claim fired me for stealing and that I didn't report the injury til after I got fired. But I have on video of Employer knew of the injury weeks before I was fired and also on video of them reading the doctor's order then letting me go. Employer did know I was videoing them. How can I use this video against them in workers comp case
I don't handle workers' comp, so I would ask a comp attorney. But certainly sounds like it could be useful!
🎉
Was in a UC hearing under oath and the defendant lied lied lied. Getting transcript to show in EEOC whats been going on. They spilled the beans saying they would unblock my UC if I took a deal and didn't continue with investigation. NO DEAL!
Good! No deal!
I don’t know if you will see this message. I’m currently terrified because I have found out that my job is retaliating against me and trying to fire me. I’ll definitely probably delete this but I trust your judgement. If you file a complaint to hr for hostile working environment, sexual harassment, bullying, and discrimination against a protected act like LOA.
Then the company goes in and deletes the information you saved and had access to on your work computer.
Is that illegal.
Especially if you have proof that the day before the complaint and day after you had access to this info and then they delete it and block your access.
Even after they are pretending they didn’t.
You always want to keep your own proof that you complained of discrimination or sexual harassment, outside the reach of the employer. But even if they deleted it, you could still prove that your complained through your own testimony and that of witnesses.
@@JobAttorney thanks. Luckily I have proof of it.
What should I do now that I’ve made the complaint and I know they are covering it up.
Just continue to go to work and record everything down.
My employer lied in their affidavit I pointed it out with evidence and witness statements. I even used their own statements in the affidavit to point out another member of management lies but the AJ still granted summary judgment to the agency. The AJ said (my witnesses is a bunch coworkers who doesn't like the supervisor got together, and discrimination didn't happen it was just a miscommunication between me and the supervisor also the agency gave new information in their supplemental investigation). The AJ made this ruling shortly after the agency attorney wanted the AJ to strike my brief and grant them summary judgment, the AJ denied their request ruled in my favor but gave them 2 weeks to respond. The agency attorney attacked had a tantrum and not only my character but the AJ too in his response. Yet summary judgment was ruled in their favor and told the agency to give me the FAD so I can appeal her ruling. I'm so confused and angry.
I am truly sorry to hear that.
The EEOC is very biased it’s best to try again in federal court. If your a sharp person pro se filing is a strong option.
HELP Can the clinic your employer works with give restrictions to an employee and the employer call the clinic to have those restrictions amended by the doc and add more restrictions to the employee and not tell the employee?
Also can a employer keep requesting for clarifications of restrictions once your own surgeon gave them your diagnosis and limitations which qualifies you as disabled under ada.
I have been released by surgeon with restrictions and don’t see the surgeon anymore for my condition but employer wants restrictions to be made by the surgeon rather than my personal doc. Can employer tell me which doctor I need to go to for restrictions to be made. It is expensive to go to a specialist.
Your employer can not require you to go back to a doctor you are no longer treating with for your reasonable accommodation letter, they cannot force you to go back to that surgeon.
@@JobAttorney Thank you so much!!!
@@Lila77722 also give a copy to your shift manager and supervisor. That's back up down the road, which states everybody knew and disregarded your health and safety restrictions to continue feeding your family
Hi,
I'm a union member in NYC. My coworker get's called into a disciplinary meeting and demands her Weingarten rights (the union president arrives to represent her).
When I ask for the Union President she always says she's too busy and suggests I ask another, less qualified, union officer.
When called into a meeting do I have the right to choose my specific representative and are they obligated to represent me?
Thanks very much!
Is there some kind of discrimination in play? Why will he show up for her but not you? He sends someone else to represent you?
@@JobAttorney I would to hire you I have a case with NYSDHR 2022 /I need a PERB lawyer for
my union if you can recommend
@@eugenedmiller1915 I can definitely recommend an attorney to handle PERB for you.
Im a union steward you have a right to ask for whomever you want. Whoever you feel most comfortable with.
Are allegations the same thing as a lie? Making false ones to determine the amount the offered?
This happened during discovery
@@Nothingbutloveandlaughs I'm not sure I understand the question. Can you give me a little more detail so I can try to answer?
@@JobAttorney Yes, my attorney called me and said they have some allegations against me which were not true, they made a lowball offer because of their so call allegations, can they be held liable for false allegations?
@@Nothingbutloveandlaughs I think we have videos on this, but if they lied under oath then potentially. If not under oath, use catching them in their lies to strengthen your case.